Opinion
April 12, 1945.
July 19, 1945.
Standard Motor Freight, Inc. v. Pa. Threshermen Farmers' Mutual Casualty Ins. Co., 157 Pa. Super. 484, followed.
Before BALDRIGE, P.J., RHODES, HIRT, RENO, DITHRICH, ROSS and ARNOLD, JJ.
Appeal, No. 145, April T., 1945, from judgment of C.P., Allegheny Co., July T., 1943, No. 2408, in case of Standard Motor Freight, Inc., for the use of Insurance Premium Finance Co. v. Boston Insurance Company. Judgment affirmed.
Assumpsit. Before KENNEDY, J.
Verdict directed for plaintiff and judgment entered thereon. Defendant appealed.
Ralph C. Davis, with him Charles H. Bode, for appellant.
Ella Graubart, with her Patterson, Crawford, Arensberg Dunn, for appellee.
Argued April 12, 1945.
In this case the essential facts are substantially the same as in Standard Motor Freight, Inc. etc. v. Pennsylvania Threshermen and Farmers' Mutual Casualty Insurance Company, 157 Pa. Super. 484, 43 A.2d 619, except that the defendant offered evidence that McFadden was not its writing agent. Again the defendant refused to account for the policy or explain what was done with it when issued. The only assignment of error is the refusal of the court below to enter judgment n.o.v. for the defendant. To this the defendant was not entitled as appears from the opinion filed this day in Standard Motor Freight, Inc. v. Pennsylvania Threshermen and Farmers' Mutual Casualty Insurance Company, supra.
Judgment affirmed.