Larrimore

In this action the plaintiff sued for and recovered a judgment against the defendant in the sum of one thousand dollars upon a policy of fidelity insurance, which was issued to the plaintiff by defendant as security for the integrity of one Charles A. Martinella, an employee of plaintiff. The case was tried with a jury and a verdict rendered in favor of the plaintiff. Upon motion of the defendant the lower court ordered a new trial, from which the plaintiff has appealed.

The motion for the new trial was made upon all of the statutory grounds, and the order granting it is general in its terms.

It is not disputed that the order appealed from must be sustained if it can be justified upon any one of the grounds enumerated- in the motion for a new trial; but appellant insists that the record does not show a single statutory ground by which the order granting a new trial can be supported.

One of the grounds of the motion was the insufficiency of the evidence to support the verdict and judgment; and we are satisfied that upon that ground alone the lower court was justified in granting the new trial.

As a defense to the action the defendant specifically pleaded a breach of certain…