The Mutual Life Ins. Co. of New York v. Phillips

This is ,a second appeal. In March, 1940, the judgment procured by Phillips (who alleged total and permanent disability and' obligations arising by reason of appellant’s contract of insurance) was reversed and the cause remanded for refusal of the trial court to require the plaintiff to submit to X-ray examinations in Pine Bluff or Little Rock.

Cumulative monthly payments which would be due appellee if he is entitled to recover were added to the judgment in the instant case. The insurance company contends it was entitled to an instructed verdict. Instead, the court gave the plaintiff’s…