National Life Ins. Co. of United States v. Eggleston

This is an action to recover upon a policy of insurance in the sum of $5,000, which plaintiff, appellee, claims the defendant, appellant, was obligated to issue upon the life of his father, John W. Eggleston, and in his favor, in lieu of a policy of $10,000 theretofore issued. Judgment in favor of the plaintiff for the amount of the policy, with interest, attorney's fees, and damages was rendered upon a directed verdict.

The first assignment of error reads:

"The court erred in rendering judgment in favor of the plaintiff, for that the undisputed evidence showed that no policy of insurance in…