Wiggins v. W. S. Life Ins. Co.

Opinion by

Baldrige, J.,

This appeal is from a judgment obtained in an action of assumpsit to recover on a life insurance policy.

On February 18,1924, the defendant company issued a policy to Arthur Snyder, wherein his mother, the plaintiff, was named beneficiary. Under plaintiff’s testimony, the insured disappeared from his home on the first day of March, 1924, and since then has been absent and unheard of, although a diligent search was made in an endeavor to locate him. The plaintiff paid the premiums for seven years, then sued defendant.

The appellant alleges (1) that no proof of death was…