Kimball v. New York Life Insurance

The action is contract on a life insurance policy. The defendant had a verdict and judgment below, and the case is here on plaintiff’s exceptions.

The first question for review is whether the court erred in overruling plaintiff’s motion for judgment non obstante veredicto. The ground of the motion, which is somewhat prolix, is that after this Court held that the defendant was entitled to correct any error it might have made in computing the term of extended insurance, to wit, on August 17, 1920, the plaintiff tendered to the defendant the amount of,a loan it had made to the insured and himself…