DaCorte v. New York Life Insurance

Woods, Judge:

Mary J. DaCorte, formerly wife of John B. Barley, deceased, instituted tbis action, as beneficiary under an insurance policy taken out by John B. Barley in 1924, to recover the sum of $1,636.40, claimed to be due thereunder, Barley having departed this life in 1930. The trial court, who heard the case in lieu of a jury, found as a matter of law that the policy declared on had been forfeited for non-payment of the semi-annual premium due August 28, 1926, and entered judgment for defendant. Plaintiff brings error.

The policy, in addition to an agreement to pay the face amount upon…