Fraser v. Metropolitan Life Insurance Co.

— This action was based upon a life insurance policy. In its answer, the defendant affirmatively pleaded a breach of the conditions of the policy by the insured. The cause was tried to the court without a jury, and resulted in findings of fact, from which it was concluded that no recovery could be had. From the judgment entered dismissing the action, the plaintiff appeals.

The facts are these: May 28, 1928, the respondent issued its policy of industrial life insurance on the life of Florence Fraser in the amount of three hundred fifty dollars, naming as beneficiary therein the executor or…