Schmidt v. Prudential Insurance Co. of America

DEVANEY, Chief Justice.

Plaintiff , as special administratrix of the estate of Theodore A. Schmidt, her husband, brings this suit against the defendant insurance company to recover $500 under a certain nonmedical examination insurance policy issued on his life July 6, 1931. The jury found for plaintiff, and from an order denying defendant’s motion for judgment for plaintiff for $9.30, the amount of premiums actually paid by the insured, notwithstanding the verdict, or for a new trial, defendant appeals.

The questions presented for determination by this court are as follows:(1) What effect has 1…