Hess v. Acacia Mutual Life Ass'n

MacNeille, J.,

We are considering motions by the plaintiff for a new trial and for judgment n. o. v.

Plaintiff, Edda M. Hess, is the beneficiary under a policy of life insurance in the defendant company on the life of Maurice Grant Hawkins, who died September 6,1930. The defendant refused to pay the plaintiff, on the ground that the policy had lapsed at the date of death of the insured. The dispute between the plaintiff and defendant related, first, to the tender of the payment of the premium; second, the acceptance or nonacceptance of it; third, the reinstatement or nonreinstatement of the…