Waldner v. Metropolitan Life Insurance

The opinion of the court was delivered by

Wedell, J.:

This was an action by beneficiaries to recover on a life insurance policy. The plaintiffs prevailed, and the defendant has appealed.

*288The defendant first contends its demurrer to plaintiffs’ evidence should have been sustained on the ground it did not establish a cause of action. The court was, of course, entitled to consider plaintiffs’ evidence as true, together with all reasonable inferences which might properly be drawn therefrom. If there was any insufficiency of proof it was later cured by defendant’s evidence. Under such curcumstances…