Lyon v. Metropolitan Life Ins.

EVANS, Circuit Judge.

The first question which defendant presents is one of fact. Plaintiff asserts and defendant denies that the premium due August 16, 1934, was paid. The testimony is sharply and hopelessly in dispute. The jury found for the plaintiff, and the evidence is sufficient to sustain the verdict in this respect.

It is unnecessary and would unduly extend this opinion to recite all the evidence. One witness, a brother of the insured, tes*659tified positively that he took the premium notice to defendant’s office in Chicago, presented it, paid the premium, and received a receipt which he…