Fenn v. Union Central Life Insurance

The opinion of the court was delivered by

Wateins, J.

This suit is brought by the beneficiary named in a life insurance policy for the recovery of five thousand dollars on a *542contract of life insurance, and from a judgment in favor of the defendant the plaintiff has appealed.

Resistance to the plaintiff’s demand, as stated in defendant’s answer, is that notwithstanding the policy of life insurance was executed in due form and duly delivered to the insured, “ it was not in force at the date of (his) alleged death on the 30th of December, 1893.

“That the said policy was, at the time, absolutely null…