Kicklighter v. New York Life Ins.

McCORD, Circuit Judge.

On the former appeal this court reversed a judgment of dismissal and remanded the case for further proceedings. The nature of the action is fully discussed in the prior opinion. Kicklighter v. New York Life Ins. Co., 5 Cir., 145 F.2d 548. After remand, trial was had before a jury, and on direction of the judge verdict was returned for the defendant insurance company on the following grounds: “1. Because the premium had not been paid at the time of the death of Dr. McLean. 2. Because plaintiff’s long delay in bringing this suit made ascertainment of the truth so difficult…