Peterson v. Northwestern Mutual Life Insurance

Main, J. —

The plaintiff, the beneficiary named in a life insurance policy, brought this action to recover thereon, claiming that the insured was dead. The cause was tried to the court and a jury and resulted in a verdict in favor of the defendant. From the order granting a new trial, the defendant appeals.

The respondent, Lula Peterson, and George H. Peterson were married in 1908, and thereafter resided at Sioux Falls, South Dakota, until September 29,1915, when Mr. Peterson disappeared and has not since been heard from. The present action was begun on September 19, 1923, more than seven years…