Opinion
Gen. No. 41,844. (Abstract of Decision.)
Opinion filed December 22, 1941
APPEAL AND ERROR, § 1672 — grant of new trial not abuse of discretion. In a second trial of an action to recover on an insurance policy wherein the defense interposed was that the person who signed the application and submitted to the medical examination was not the party to whom the policy was issued but that some one had impersonated him and there was a verdict for defendant, a motion for new trial was allowed, it appearing to the trial court that verdict was not sustained by a preponderance of the evidence, and it was held that the record discloses no clear abuse of discretion and order awarding new trial was affirmed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. FRANK B. DONOGHUE, presiding.
Order affirmed. Heard in first division, first district, this court at October term, 1941.
Hoyne, O'Connor Rubinkam, for appellant;
Nathaniel Rubinkam and John C. Melaniphy, of counsel;
William C. Greatman and Gilbert F. Wagner, for appellee.
"Not to be published in full." Opinion filed December 22, 1941.