Albert v. New Capital Industrial Life Ins. Co.

HIGGINS, Judge.

This is a suit by a beneficiary to recover the sum of $150 representing the face value of an industrial life insurance policy. The sole defense is that the insured died of tuberculosis and under the provisions of the policy only one-half thereof is due.

There was judgment in favor of the plaintiff as prayed for and defendant has appealed.

On the trial of the case the Only evidence offered by defendant to prove that the deceased died of pulmonary tuberculosis was the physician’s statement filed by the plaintiff with the defendant in connection with the proof of death. Counsel for…