Mutual Benefit Health & Accident Ass'n v. Edwards

The plaintiff in the trial court brought this action against the defendant association to recover $2,500 on account of the accidental death of her husband, Prank Edwards. It was the theory of plaintiff’s action that the defendant had insured Prank Edwards against accidental death in the sum of $2,500, naming the plaintiff as beneficiary ; that the defendant, through its agent, S. R. Wells, had entered into an oral contract of insurance, and that the defendant was bound as if it had issued an insurance policy.

It was the contention of the defendant that no insurance policy had been issued, and…