Life Ins. Co. of Virginia v. Newell

The action is to recover the death benefit under a policy of life insurance.

The policy is of the class known as “Industrial Insurance.”

The insured was Clara Eloise Newell, an infant under 2 years of age. The weekly premium 15 cents, and benefit $150.

The insurance was negotiated and premiums paid by appellee, plaintiff below, the father of insured. The application was signed by the mother of insured.

Appellant, by appropriate assignments of error, challenges the right of the father to maintain the suit; insists that an action can be maintained only by an administrator of the estate of the…