Mullen v. John Hancock Mutual Life Insurance

Rhodes, J.,

Opinion by

Plaintiff as beneficiary brought this action in assumpsit on two policies of insurance issued by the defendant on the life of her son. The jury found for plaintiff for the amount of the policies plus interest. Defendant’s motions for judgment n.o.y. and a new trial were overruled. This appeal is by defendant from the judgment entered on the verdict.

We are of the opinion that defendant’s point for binding instructions should have been affirmed. Admissions in the pleadings offered in evidence establish facts which avoided the policies without the intervention of a jury…