Martin v. Sunset Telephone & Telegraph Co.

The opinion of the court was delivered by

Dunbar, J.

Some time in the year 1895 the respondent in this action brought an action against the Union Mutual Life Insurance Company to recover the amount stipulated in a certain insurance policy issued by that company upon the life of her husband. One of the grounds upon which the claim was resisted was that the husband of the plaintiff was not dead. The trial resulted in a verdict for the defendant, and a judgment followed, which was afterwards affirmed by this court. During the progress of that case a telephone communication had been sent by the…