Ohio National Life Ins. v. Vernier

Citations

• 28 Ohio C.C. Dec. 550

Syllabus

<p>ERROR — INSURANCE.</p> <p>Kinkade, Chittenden and Richards, JJ.</p> <p>1. Court of Appeals not Precluded from Reversing on Weight of Evidence Because Trial Court Refused to Set Aside Verdict.</p> <p>Refusal by a trial court to set aside, on the weight of evidence, a verdict on retrial in that court after having set aside upon ' that ground a verdict in a former trial, does not preclude the court of a.ppeals under Sec. 11577 C. C., from reversing the judgment on second trial on the woight of evidence.</p> <p>.2. Rule of Two Reversals on Weight of Evidence Limited to Each Court.</p> <p>While Sec. 11577 G. C. denies the right to set aside a verdict a second time by the same court, yet it does not follow that a reviewing court may hot reverse on that ground, the case never having been reversed on that ground in the higher court.</p> <p>3. Evidence of Insurance Written by Agent Competent in Defense in Action for Compensation.</p> <p>Evidence of the total amount of insurance written by an agent is competent in an action by him against an insurance company for salary claimed to be due, as bearing upon the question of whether the allegations of the petition that he had fully performed all of the conditions of his conduct were true and, particularly with respect to his loyalty thereto.</p> <p>4. Statements by Employe Against Interest Competent to Show Manner of Performance of Contract.</p> <p>Statements against his interest made by an insurance agent in the office of his counsel are competent evidence to show the manner of performance of his contract.</p> <p>[Syllabus approved by the court.]</p>