United States Mutual Accident Ass'n of New York v. Mueller

This is an action of assumpsit, begun in the Circuit Court of Cook county on a $4,000 policjr of insurance against accident, issued by appellant to Charles Scheel for the benefit of his wife Agnes. During the continuance of the policy Charles Scheel was accidentally killed, and this suit was begun by his widow, Agnes, pending which she died, and appellee, as her administrator, was made plaintiff.

Two trials were had, the first resulting in a verdict for the plaintiff, which, on motion of the defendant, was set, aside.

On the second, a jury being waived, judgment was rendered for the defendant,…