Barnes v. National Life & Accident Ins.

This is an action based upon a policy of life insurance. There is no dispute as to the facts.

On February 13, 1928, the defendant, National Life & Accident Insurance Company, issued its policy of insurance on the life of Eula Barnes, wherein the plaintiff, Joseph Barnes, father of the insured, was named as beneficiary. The face amount of the policy was $260, the premiums thereon being twenty-five cents per week. All premiums were paid up until January 25, 1932, and none were paid after that time. The insured died July 1, 1935.

The plaintiff, upon the trial, contended that the policy was…