Penn Mut. Life Ins. v. Ashton

BRATTON, Circuit Judge.

Plaintiff instituted this action to recover upon a policy of insurance insuring the life of her late husband. Trial by jury was waived and the cause submitted to the court upon the admissions contained in the pleadings and a stipulation of facts. Plaintiff prevailed and defendant appealed.

The policy, issued on March 18, 1926, was a 10-year term contract. It provided that it was issued in consideration of the payment in advance at the home office of the company of an annual premium of $65.-95, a semiannual premium of $33.65, or a quarterly premium of $17.15; and it…