Cox v. Equitable Life Assurance Society of the United States

The exceptions relating to the first and second issues do not seem to be very strongly urged in the appellant’s brief, and we find no reversible error presented by them. The third issue was answered by consent. The controversy centers upon the fourth and fifth issues.

Under its exceptions to the court’s refusal to grant its motions for judgment as of nonsuit, and to the court’s refusal to give requested peremptory instructions as to the fourth and fifth issues, the defendant takes the position that under all of the evidence it was entitled to a judgment canceling the total and permanent…