Selby v. Equitable Beneficial Mutual Life Insurance

Argued October 11, 1940. This is an action brought by a beneficiary in an industrial life insurance policy to recover the face of the policy on the death of the insured. The cause was tried before a judge in the Municipal Court of Philadelphia without a jury and resulted in a judgment for plaintiff after refusal of defendant's motions for judgment n.o.v. and for a new trial. The defendant's appeal must be sustained.

The sole question raised by the pleadings and proofs is whether the policy was in force on August 11, 1939, when the insured died. The plaintiff produced a receipt book which…