Supreme Court of Alabama February 20, 1941, 8 Div. 43. (Franklin Fire Ins. Co. v. Slaton)

BROWN, Justice.

This is the second appeal by the present appellant. Franklin Fire Ins. Co. of Philadelphia, Pa. v. Slaton, 236 Ala. 565, 183 So. 865. The circuit court on the last trial instructed the jury:

“The defendant, gentlemen of the jury, comes up in answer to that and it says it is not indebted to Mr.