Bevins v. Jefferson Standard Life Insurance Co.

Opinion of the Court by

Judge Dietzman

Affirming.

This was an action upon a note, the defense being" that of fraud in its obtention. At the close of the evidence of the defendant, who had the burden of proof under the issues as formed, the court peremptorily instructed the jury to find for the plaintiff. From the judgment on that verdict, the defendant prosecutes this, appeal.

In the fall of 1931, the appellant took out a life insurance policy with the appellee and executed his note, 'for the premium payable to the order of the appellee in the sum of $624.50 two months after its date. When this…