Stewart v. Metropolitan Life Insurance

Opinion by

Mr. Justice Drew,

This is an action in assumpsit on a policy of insurance on the life of plaintiff’s husband. On appeal, the learned court below reversed a decision of the referee to whom the case was submitted by agreement of the parties, and ordered judgment to be entered for defendant. Plaintiff then took this appeal.

The pertinent facts appear in the findings contained in the referee’s report. Defendant on November 15,1937, issued a policy of life insurance in the amount of $2,792 to Thomas J. Stewart, his wife, plaintiff, being named beneficiary. The policy provided for the…