New York Life Insurance v. Bradford

Broyles, C. J.,

dissenting. In my opinion, the admission of the evidence complained of in special ground 5 of the motion for new trial was reversible error. Furthermore, under the evidence adduced, a verdict in favor of the defendant would have been amply authorized; and there was no evidence authorizing a finding that the defendant had acted in bad faith in defending the suit. It, follows that the court erred in submitting to the jury the questions of bad faith and attorney’s fees.