State ex rel. Smrha v. Cosmopolitan Old Line Life Insurance

This is an action in equity, by which Herman F. Gartner, who held a lapsed certificate, seeks to have the same reinstated in the Cosmopolitan Old Line Life Insurance Company. Trial was had to two district judges. It was held *834that Gartner, and all those certificate-holders similarly situated, had failed to reinstate as provided by the terms of the certificate itself, and that his petition was without equity, and should be dismissed. Motion for new trial overruled. Gartner appeals.

On December 12, 1936, the district court ordered the Department of Insurance of the state of Nebraska to take…