Hill v. Capitol Life Insurance

This is an action on a life policy issued by defendant to one James D. Hill. Plaintiff, surviving wife, was the beneficiary. Hill’s note was accepted in payment of tbe first year’s premium. Within the year, as alleged in plaintiff’s third cause of action, but without her knowledge or consent, the insured received back his note and surrendered the policy to defendant, which destroyed and assumed to cancel the same; to which cancellation and destruction the plaintiff did not consent. Defendant, tendering’ the same issue, alleged in its second defense to plaintiff’s first cause of action that at…