Our Home Life Insurance Company v. Butch

Opinion op the Court by

Judge Willis —

Affirming.

This was an action upon an alleged contract of insurance. The plaintiff, Wm. Butch, claimed as the beneficiary of a contract negotiated by his wife, Katherine Butch, upon her own life. The defense was a denial that any contract was ever concluded. The jury found for the plaintiff, and the defendant has prosecuted an appeal.

Several reasons for reversal are urged and they will be discussed and disposed of in the course of the opinion. The facts which the evidence tended to show should be stated in advance of the discussion. The soliciting agent of…