Magers v. Kansas City Life Insurance

This is ah action by the plaintiff, assignee of Stanton Morro, to recover on a life insurance policy No. 940036, issued by the defendant to the insured, Mary E. Morro. The court, sitting as a jury, gave judgment for plaintiff in the amount of $1635, which included the face amount of the policy, interest from January 23, 1944, statutory penalty, and attorney’s fees. After denial of its motion for new trial, defendant appealed.

Plaintiff, by his amended petition, seeks to recover under the policy on the theory that although it bears the date of September 6, 1942, nevertheless, it was delivered…