Metropolitan Life Insurance v. Wagner

This suit was brought on October 16, 1905, by Mrs. Wagner against the Metropolitan Life Insurance Company on an insurance policy issued by the company on March 2, 1903, in her favor for $1,500 on the life of her husband, Frederick Wagner, who died on December 1, 1904, while the policy was in full force and effect. In addition to the principal stipulated in the policy, the plaintiff asked judgment for $500, attorney's fees, and twelve percent of the amount of the insurance as statutory damages.

The defendant answered by a general demurrer, a general denial and specially pleaded the failure of…