Lower v. Metropolitan Life Insurance

The opinion of the court was delivered by

Campbell, Chancellor.

The judgment under review resulted from a trial of an action upon a policy of insurance. The cause was tried, by agreement, before the trial judge without a jury upon an agreed state of facts and resulted in the judgment in question in favor of the defendant below.

The facts are not in dispute and we quote them as they are contained in the opinion of the trial judge:

“The circumstances involved are that Francis T. Lower, fifty years of age, a laborer in the employ of one Raub, was on August 4th, 1930, the holder of a so-called double…