Ellison v. Independent Life & Accident Ins. Co.

StukeS, Justice.

Plaintiff operates a retail store in Belton. Roy Gregory, now deceased, was mayor and occupied the city hall which was next-door to plaintiff’s store. For many years Gregory had been an insurance agent and was the general agent in Belton for Life Insurance Company of Virginia. Although only forty-eight years old he suffered a heart attack several years before the transaction under review and was retired from his former employment. Pie continued to serve as mayor.

He was in plaintiff’s store on Oct. 4, 1948, in social conversation with plaintiff and with defendant’s agent,…