Conlon v. Northern Life Insurance

The trial court took the view that, since the policy of insurance was admitted without objection, except the general objection to the sufficiency of the complaint, the complaint would be deemed amended to conform to the proof and findings. Whether this view is correct under the facts here is unimpor tant. In considering the propriety of the court’s conclusion that the policy was in effect at the time of Stokke’s death, I will assume that the court was not warranted in deciding the case against defendant on a theory different from that relied upon in the pleadings, if the ground upon which he…