Campbell v. Monumental Life Insurance

OPINION

By HORNBECK, PJ.

This is an appeal on questions of law from a judgment in favor of the plaintiff.

The action was to recover on a policy of insurance in which the plaintiff was named beneficiary, issued May 29, 1937, on the life of Myra L. Campbeil, who died July 19, 1937.

Issues were joined and the cause tried to a jury. Plaintiff made the necessary prima facie proof on her cause of action and rested. Defendant then offered its testimony in support of two affirmative defenses designated second and third defense in its answer. The second defense alleged a breach of *421a condition precedent of…