Hilt v. Metropolitan Life Insurance

This is an action upon an insurance policy issued September 10, 1894, by the defendant company, upon the life of plaintiff’s husband, who died July 3, 1895. Plaintiff recovered. The company defended upon the ground that, at the time the policy was issued, the assured was not in sound health, but was ailing from a disease of the spine, which continued, and caused his death, and that the plaintiff was not entitled to recover, because of the proviso in the policy that “no obligation is assumed by this company prior to the date *518hereof, nor unless, on said date, the assured is alive and in sound…