Childs v. New England Mutual Life Insurance

Hnder the facts contained in this record, the court erred in sustaining the demurrer to the amendment referred to in the statement of facts. While the verdict upon the original suit which proceeded to trial after the demurrer was sustained was a verdict in favor of the two defendants in the suit, nevertheless LeRoy Childs had the right to have the further issue sub-, mitted to the jury as to whether or not the debt had been' fully settled by agreement between the parties, and that for that reason the plaintiff had no right to have the deeds annuled and canceled upon the grounds alleged. And…