Smith v. Equitable Life Assurance Society

This case, which comes to the writer on reassignment, is an action for the sum of $1000 which is alleged to be due as double indemnity under a certain policy of life insurance issued by defendant. The Equitable Life Assurance Society of the United States, upon the life of one Perey P. Smith. Plaintiffs sue in the capacity of the beneficiaries under the policy.

The case was heard by the court alone upon an agreed statement of facts; and from a judgment rendered in defendant's favor, plaintiffs have duly prosecuted their appeal to this court.

The case involves the question of whether, after the…