Cherniak v. Prudential Insurance Co. of America

Opinion by

Mr. Justice Maxey,

This record presents the question whether the plaintiff in an action in assumpsit can take a voluntary non-suit after the trial judge announces: “I shall have to direct a verdict.”

Plaintiff as guardian of the insured brought an action on a policy of life insurance containing provisions for disability benefits in the event that the insured should become totally and permanently disabled while the policy was in full force and effect. At the trial each side introduced evidence, both oral and written, and at its close both sides submitted points for binding…