Chorney v. Metropolitan Life Insurance

This is an action in assumpsit to recover the proceeds of a policy of life insurance issued by defendant on the life of plaintiff’s intestate, Mary Chorney. At the conclusion of the testimony at the trial in the Superior Court the trial justice ruled that, as certain conditions of the contract of insurance had been violated, the plaintiff could recover only the amount of the premiums paid and directed the jury to return a verdict as follows: “By direction of the Court the jury find that the defendant did not promise in manner and form as the plaintiff hath in his declaration thereof…