O'Neill v. Prudential Insurance Co. of America

This is an action of assumpsit on a life insurance policy to recover certain premiums which plaintiff paid after he became totally and permanently disabled. After a verdict for the plaintiff, a new trial was granted the defendant on the sole ground that the verdict was against the weight of the evidence as to whether the plaintiff had paid the full first premium before he became disabled.

The case is here on a bill of exceptions by each party, but on the view which we take of the evidence, it will be necessary for us to consider only plaintiff's exception to the trial justice's denial of his…