McMahon v. Continental Assurance Co.

Mr. Justice John J. Sullivan

delivered the opinion of the court.

This action was brought by plaintiff, Helen McMahon, as the beneficiary under a policy of life insurance issued by defendant, Continental Assurance Company, to James Edward McMahon. Plaintiff filed a motion to strike certain portions of defendant’s amended answer, which set forth an affirmative defense. This motion was sustained, and defendant electing to stand upon its answer judgment was entered in favor of plaintiff for $5,111.15. This appeal followed.

Plaintiff’s complaint alleged in substance that on February .19, 1936,…