New York Life Ins. Co. v. Stokes

FOSTER, Justice.

We are called upon to review the opinion and judgment of the Court of Appeals affirming a judgment at law in favor of appellee.

The judgment is based on a decree of the circuit court, in equity, dated February 4, 1939, which in effect specifically performed a policy of insurance containing disability benefits. The decree recited applicable features of the policy and referred to others. In substance it provided for monthly benefits of $50 each payable during the life and continued total disability of insured which must also be permanent. There is no contest here made as to the…