Esber v. New York Life Ins.

OPINION

By SWEITZER, J.

1. This case is before the court on plaintiff’s motion for judgment on the pleadings, and on plaintiff’s demurrer to the second amended cross petition. Questions similar to, if not identical with those now presented arose earlier in the case. Further study of §§9387, 9388 and 9389 GC, in connection with this motion and demurrer clarifies the mind of the* court some with reference to apparent inconsistencies between different provisions of the statutes. No attempt will be made to harmonize the conclusion now reached with reference to the answer of the New York Life…