Emery v. New York Life Insurance

This case comes to the writer for opinion on reassignment. It is a suit on a policy of life insurance. In the trial court there was a judgment for plaintiff. Defendant was allowed an appeal to the Springfield Court of Appeals, where the judgment was affirmed. One member of that court, dissenting from the conclusions reached by'the majority, asked that the cause be certified to this court, which was accordingly done.

The policy in suit is for $1,000; it is a twenty-pay life old-line policy, bearing’ date, July .16, 1919. It was issued on the life of Pauline Emery, and plaintiff, the mother of…