Smith v. Mutual Life Ins. Co. of New York

Appellant, by jury trial, recovered a judgment against appellee for the sum of $177.23 upon a certain life insurance policy theretofore executed by appellee in favor of appellant. The trial court sustained a motion for new trial upon the following theory:

“The policy in this case, by its plain language, provides that the proof of disability must be made before the plaintiff has reached the age of sixty years. There is no proof in this record that the plaintiff’s proof of disability was made prior to the reaching of sixty years, and, under the plaiin terms of the policy, the court is of the…