Hayes v. Mutual Benefit Life Insurance

The opinion of the court was delivered by

WEST, J.:

The plaintiff appeals from an order sustaining a motion for judgment on the pleadings in favor of the defendant. The second amended petition alleged in substance that in 1865 plaintiff obtained from the defendant insurance on his life in the sum of $5000 under the ten-year plan, calling for ten annual payments of $234.50 each, the policy being numbered 30,946, the plaintiff’s wife, Mary C. Hayes, being made the beneficiary therein; that the ten annual payments were duly made and that the policy is in full force and effect; that in 1868 Mary C.…