Horne v. John Hancock Mutual Life Insurance

Opinion by

Head, J.,

The single assignment of error complains of the refusal by the learned trial judge to direct a verdict for the defendant. The action was founded on a policy of insurance on the life of William C. Horne, the husband of the plaintiff, who is the beneficiary named in that policy. It contained the usual provision that it should not become effective until it had been actually delivered to the insured and the first premium by him paid while in good health. The first ground of defense was that this condition precedent had been broken, and as a consequence the policy never went…