Brotherhood of Locomotive Firemen & Enginemen v. McHenry

This writ is to review a judgment for $1500 in favor of the defendant in error upon an insurance policy issued by the plaintiff in error upon the life of Walter McHenry, a son of the defendant in error, who died January 21, 1913. The *478assignment urged is that the verdict of the jury was manifestly against the weight of the evidence. The contention is over whether McHenry paid his assessment for the month of December, 1912. It stands admitted that if this payment was made his mother is entitled to recover, otherwise not. The evidence is conflicting. To establish this payment the mother produced…