Metropolitan Life Ins. Co. of N.Y. v. Myers

Opinion op the Court by

Stanley, Commissioner

Reversing.

On April 11, 1932, a suit was filed by Charles M. Myers, individually, and as the administrator of the estate of his deceased wife, Sallie A. Myers, against the Metropolitan Life Insurance Company, to recover the proceeds of certain insurance policies on the life of Thomas E. Myers, aggregating $1,168.70. Charles M. Myers was the foster father of the insured. It was alleged that Thomas E. Myers had disappeared and had not been heard from since November, 1924, and facts showing his presumptive death were stated. Upon a trial, without a…