Simpson v. Equitable Life Assurance Society of the United States

Opinion by

Baldrige, J.,

This action in assumpsit was brought by a beneficiary of an annuity policy issued by defendant, to recover the periodical payments alleged to be due thereunder. The trial judge granted a compulsory nonsuit and refused a motion to take it off. This appeal followed.

Robert J. Simpson made a written application to the defendant, through Welday, a subagent, for a $5,-000 single premium annuity policy, payable in annual installments of $341.20 for life, and, in case of Ms death prior to the payment of $5,000, the balance was to be paid to the plaintiff in yearly installments.

S…