Esber v. New York Life Ins

OPINION

By SWEITZER, J.

Preliminary to consideration of the demurrer in question, the following observation as to the pleadings involved are made:

The petition avers among other things, the making of a contract or policy of insurance on August 29, 1921, by Namer Esber, the insured, and The New York Life Insurance Company, the insurer, the beneficiaries being Natchey Esber, the wife, and Louis and Theodore Esber, the children of the insured, and that said contract contained a- certain total, permanent disability benefit clause. It avers, too, that about June 1, 1935, the insurer received at its…