Smith v. National Life & Accident Co.

Two separate actions were brought to recover upon policies of life insurance issued by the National Life So Accident Insurance Company upon the life of Helen Draper Green. The first suit was for $154, and the second was for $90. The defense was that the amount of the recovery should be reduced on account of an erroneous statement of the age of the insured, and the amount due under the true age of the insured was deposited in court to fie tendered to the beneficiary.

By agreement of the parties, the two eases were consolidated, and the jury found, under instructions to which there were no…