Equitable Life Assurance Society of the United States v. McKeithen

Appellee, Raymond L. McKeithen, brought an action against the plaintiff in error on two insurance policies issued in 1931 for monthly disability income payments and recovered a judgment, which was affirmed by this Court; the only plea in that case being a plea which denied the total and permanent physical disability alleged in the declaration.

Later the insured brought this action on said policies, alleging the facts and setting up the pleadings and judgment in the first action and alleging that a contractual presumption was established by the first action that the disability mentioned in the…