Farmers' & Merchants' Bank v. Metropolitan Life Insurance

(dissenting) : The complaint alleges two causes of action; the allegations in each being the same, except that in each a separate policy is described, both containing the same provisions, between the same parties, in the same amount, and issued at the same time. It will be convenient to discuss the appeal as it relates to one of the policies, the observations being applicable to the other as well.

The undisputed facts are these:

On April 24, 1922, the company issued to one Brown Pressley a policy upon his life for $1,000; on May 6th, Pressley assigned the policy to the plaintiff bank; the…