Westphal v. Kansas City Life Ins.

KERNER, Circuit Judge.

These appeals are from a judgment entered upon a jury verdict for the plaintiffs in their action to recover as beneficiaries on three insurance policies issued by the defendant upon the life of F. Gilbert West-phal. Westphal disappeared on November 5, 1931, and the jury found that he died before any of the lapse dates of the three policies — the earliest lapse date being 21 days after his disappearance. The Insurance Company raises as errors (1) the failure of the court to grant defendant’s motions for a directed verdict and judgment notwithstanding the verdict, (2) the…