Home Beneficial Ass'n v. McClain

This is a suit, by the beneficiary, to recover on a life insurance policy.

The case originated before a justice of the peace, where judgment was rendered for the plaintiff and against the defendant for the amount of the policy, $185, and costs.

On appeal to the circuit court the case was heard by the judge without a jury.

Defendant insurance company filed a plea of tender and paid into court $77.50, contending that insured had incorrectly stated his age and that he had contracted tuberculosis within twelve months after the date of the policy, both of which facts reduced the amount of the…