Insurance — Fraud of insured — Pleadings — Issue — Evidence.
In an action on an insurance policy, in which the issue was whether or not the insured was guilty of fraud, it was Held that (1) the trial judge did not commit reversible error in charging on the issue of fraud; (2) the pleadings raised the issue of fraud on the part of plaintiff, and there was evidence to sustain a finding that plaintiff was guilty of fraud; and (3) defendant had not waived the defense of fraud.
PER CURIAM, November 8, 1948:
The judgment of the court below is affirmed on the opinion of Judge PATTERSON.