Carpenter v. St. Joseph Life Insurance

TRIMBLÉ, 'P. J.

Plaintiff, as the 'widow of Charles M. Carpenter, deceased, brought this action on ,an alleged contract of insurance by defendant on the life of her husband in which she was the beneficiary. The petition alleged vexatious refusal to pay and prayed for a reasonable attorney’s fee and ten per cent damages for such refusal..

The defense was, and is, that no contract of insurance ever came into existence because the policy was never delivered, nor was the contract completed in any other way. The reply pleaded'that the provision relied upon, requiring delivery .of the policy, was…