Yutz v. Commonwealth Life Ins. Co.

Opinion of the Court by

Judge Richardson

Reversing.

The action of the court sustaining a demurrer and dismissing the petition is to he reviewed.

The Commonwealth Life Insurance Company, on March 17, 1921, issued and delivered to William Yutz a policy insuring his life in the sum of $5,000 payable to Mary M. Yutz, his wife. The annual premium was $218.60, which he paid for a period of twelve years, up to March 17, 1933. On this date he executed four notes for the annual premium for the year beginning that date. One of them matured June 17, 1933.

It is alleged in the petition that the insured…