Loeb v. Equitable Life Assur. Soc. of the United States

ODOM, Justice.

Plaintiff sued the Equitable Life Assurance Society to recover $5,540, alleged to be due her under a policy of insurance is sued by defendant on the life of her deceased husband. The defendant answered, denying liability on the ground that the policy had lapsed for nonpayment of premiums, and that when the policy lapsed the surrender value thereof was $4,460, and that the company had loaned the assured on the policy exactly that amount. Therefore the policy had no value at the time the insured died.

Plaintiff asked for and was granted a subpoena duces tecum ordering the defendant…