Supreme Liberty L. Ins. Co. v. Pemelton

JOE C. HIGGINS, S. J.

This is an action at law upon a small insurance policy. The right to recover is predicated upon the presumption that the insured was last heard from in March, 1930, and was not thereafter heard from or located, and that the conclusive inference is he died in March, 1937.

At the conclusion of the introduction of evidence, the Trial Judge of his own motion instructed the jury to return a verdict for the principal amount claimed under the policy, with interest from the date of presumed death; and likewise for the return of premiums paid on the policy after this presumptive…