Stockton v. Continental Life Insurance

MlLLER, PRESIDENT:

This action was brought by notice of motion on a policy of insurance on the life of Mary Lee Hoston, by her father Will Stockton, the beneficiary named therein. The defendant pleaded non-assumpsit, nil debet, and fraud in the procurement of the policy. The trial court set aside a verdict for the defendant, and awarded the plaintiff a new trial.

The defendant introduced evidence to prove that the insured was afflicted with tuberculosis, the disease from which she died, at the time the application for insurance was made; and that the plaintiff, after her death, released the…