Magee v. Equitable Life Assurance Society of the United States

Hutchinson, Dist. J.

This action was brought to recover upon a certain certificate of insurance. The issues were tried to a jury, but when all the ■ evidence had been submitted the trial Court found that there were no questions of fact to be determined by the jury, the jury was dismissed, and judgment was entered for the plaintiff for the amount specified in the certificate of insurance. From the judgment and from the order denying the defendant’s motion for. a new trial it has appealed.

Many of the facts are stipulated, and the controlling facts are not in dispute. On April 28th, 1919, the…