Hubbard v. Equitable Life Assurance Society of the United States

Lively, Judge:

This case was before this court on.error in January, 1918, and is reported in 81 W. Va. 663. A terse statement of the controversy is there given. It is unnecessary to make a repetition here. A construction of the loan clause in the policy was the main contention on the first trial and in this court. The judgment was reversed and the base remanded because of improper evidence given to the jury. This court decided' that the insured, upon being refused a loan, as provided in the loan clause of the policy, upon proper terms, and who then obtained' loans elsewhere, upon collateral…