Reliance Life Ins. Co. v. Russell

MeCLELLAN, j.

With reference to the action of the court is sustaining demurrers to special pleas 6, 7, 8, and 9, it will suffice to say that the benefit of the theory of substantial defense (unless avoided by appropriate replication) illustrated by these pleas was available to defendant under the averments of plea 5, which reads:

“Eor further plea, the defendant says that after the execution and delivery of the instrument sued on the same was canceled by mutual consent of the defendant and the said insured.”

As appears the agreement averred in plea 5 was one to which the insured himself was a…