Poe v. Penn Mut. Life Ins.

TRIMBLE, District Judge.

The facts in this case have been stipulated, and reference is made to the agreed statement of facts without repetition of the facts in this opinion. The issue arising from the facts, as agreed upon, is the question whether the plaintiff is entitled to recovery based upon the amount of $2,500, for which the policy of insurance was originally written, or whether the plaintiff is entitled to recovery based upon the amount of paid-up participating insurance in the sum of $429, which the defendant purchased with the proceeds of the value remaining in the policy after the…