Turner v. New York Life Ins. Co.

STONE, Circuit Judge.

This is an action by beneficiary on a life insurance policy. At the close of all the evidence each party moved for a directed verdict, plaintiff reserving the right to present the case to the jury in event her peremptory motion be denied. The court entered judgment on directed verdict for the defendant and plaintiff appeals.

The one point involved in this appeal is whether the evidence was sufficient to justify submission of the case to the jury. The particular matter of evidence involved is whether a check given in part payment of the premium due April 1, 1934, was…