Valentine v. Provident Mutual Life Insurance Co.

ROTH, J., pro tem.

Plaintiff sued to recover the proceeds of an insurance policy issued on the life of her husband. The action was tried before a jury; verdict was rendered in plaintiff’s favor for the full amount of the policy, and judgment entered thereon against defendant. Defendant appeals from the judgment.

It was alleged by plaintiff that her husband disappeared in 1924, and proof of death was predicated upon the presumption prescribed by subdivision 2'6 of section 1963 of the Code of Civil Procedure, which provides: “That a person not heard from in seven years is dead.” Defendant…