Lintz v. Atlanta Life Insurance

This is an action upon a policy of life insurance in the sum of $1000 executed by the defendant on February 9, 1925, to Zylphia Ann Phoenix and in which plaintiff, mother of insured, is beneficiary. The insured died on July 18, 1926. Upon trial the plaintiff, on March 20, 1931, had a verdict and judgment and the defendant has appealed.

Plaintiff's petition, in addition to the allegations usually found in suits of this kind, alleges that the policy was not filed with the petition for the reason that it was in possession of the defendant.

The pleaded defense is that the policy sued upon lapsed by…