Mutual Life Ins. Co. of New York v. Smith

Opinion op the Court by'

Judge Richardson

Reversing.

For paid premiums, the Mutual Life Insurance Company of New York, in October,. 1919, issued and delivered to Jasper A. Smith two policies by which it agreed to pay Carrie Smith “upon receipt at its home office of due proof of the death of Jasper A. Smith,” $1,000 on .each of the policies. • In so far as the policies provide for the payment of the benefits to the beneficiary in the event of the .death of Jasper A. Smith, they are not here involved. The terms, provisions, and conditions of the policies are identical. They contain the following:

“B…