John Hancock Mut. Life Ins. Co. v. Sally

Sylvia Sally brought this suit to recover the proceeds of two life insurance policies. Plaintiff claimed that she was the surviving widow of the insured, that the beneficiary named in the policy as the wife of the insured was not his lawful wife, and that the payment theretofore made to the named beneficiary was wrongful.

There appears to us to be a fundamental error apparent upon the face of the record which requires a reversal of the judgment rendered in favor of plaintiff in the court below. In her petition plaintiff describes herself as the surviving widow of the insured. She does not…