Shuler v. Equitable Life Assurance Society of the United States

The opinion of the Court was delivered by

Mr. Justice Fishburne.

The appellant is suing for the recovery of damages in the sum of $3,000.00, claimed to have been suffered by reason of an alleged fraudulent breach of an insurance contract issued by the respondent to William F. Shuler, her husband, on February 27, 1919, in which the appellant was the named beneficiary. This appeal is prosecuted from an order of non-suit, granted by the trial Judge on motion of the defendant. An examination of the policy of insurance clearly establishes that the insured reserved the right to change the beneficiary…