Jenkins v. New York Life Insurance

Kenna, Judge:

This is a notice of motion proceeding, brought in the Court of Common Pleas of Kanawha County, in which the demurrer of the New York Life Insurance Company to the plaintiff’s notice was sustained, and the proceeding dismissed. The Circuit Court of Kanawha County having declined the plaintiff’s application for a writ of error, the prayer of the petition was granted by this Court.

According to the allegations of the notice, in December, 1923, the policy under the terms of which recovery is sought was issued. It remained in effect until the death of the insured in 1934. The only…