Gibson v. Equitable Life Assurance Society of the United States

EPHRAIM HANSON, Justice.

This action was originally commenced in the city court of Salt Lake City. In the original complaint the plaintiff alleged that on January 1, 1925, defendant made and de livered to plaintiff its certain policy of insurance — the policy being pleaded by attaching a copy thereof to the complaint as an exhibit — by the terms of which defendant agreed to pay to plaintiff’s wife $3,500' upon receipt of proof of death, and to pay to plaintiff the sum of $120.75 a month upon receipt of proof that plaintiff, prior to the age of 60, was wholly and presumably permanently…