Kicklighter v. New York Life Ins.

When the case was here before it was on an appeal from a dismissal of the complaint. This time it is from the direction of a verdict after the evidence was in.

While the evidence is far from convincing on the point, I agree with the view of the majority that it presented an issue of fact upon whether the premium was paid and the policy delivered. I think it quite plain though that it presented no issue of fact as to the bar of the statute of limitations, and that the judgment should be affirmed.

It is undisputed that far more than the statutory time for barring an, action on the policy has long…