Magers v. Western & Southern Life Insurance Co.

HUNTER, Presiding Judge.

This is an action by plaintiff-appellant, Hugh H. Magers, against defendant-respondent, Western And Southern Life Insurance Company, to collect $160 on a life insurance policy in which Ernestine Jackson Lucas was the designated beneficiary and Leon Fritz was the insured. The policy contained the promise to pay in the event of the death of the insured.

At the trial before the court it was plaintiff’s contention that the insured had been continuously absent for seven years from his home with no tidings having been received from him and that under the common law rule he is…