Upton v. Fidelity Standard Life Insurance

LOTTINGER, Judge.

This is a suit on an alleged insurance contract for death benefits.. The petitioner is Modenia Upton, the surviving widow and alleged beneficiary of the deceased, and the defendant is the Fidelity Standard Life Insurance Company.

The Lower Court rendered a summary judgment in favor of defendant and dismissed the petitioner’s suit. The petitioner has taken a devolutive appeal.

The petitioner alleges that on May 27, 1964, Samuel Upton, the deceased, paid $17.52 in cash and signed eleven postdated checks, each in the sum of $17.52, which he gave to Charles C. Montegut, the agent…