Metropolitan Life Insurance Co. v. Marshall

Mrs. Mary E. Marshall brought suit on February 27, 1940, against the Metropolitan Life Insurance Company on a policy of insurance in which her husband was the insured and plaintiff the beneficiary. It appeared from the petition that the policy had been written August 1, 1938; that it provided that the company would pay to the plaintiff $1010 “upon receipt of due proof of the death of the insured and upon the surrender of this policy;” that on October 7, 1939, the insured died; that at the time of his death all premiums on the policy had been paid and it Was in effect; that on October 10,…