Summers v. Prudential Insurance Co. of America

WOLFE, Presiding Judge.

This is an action for $1,000 alleged to be due the plaintiff as the beneficiary of an alleged policy of insurance on the life of her husband, Dillard L. Summers. The trial court directed a verdict for the defendant Insurance Company and entered a judgment for the defendant. Upon motion for a new trial filed by the plaintiff, the court granted a new trial and the defendant has appealed.

The evidence was that the defendant’s agent named Tischluse called at Dillard L. Summers’ home for the purpose of selling life insurance. This call was made on March 10, 1958, and at the…