Elliott v. Interstate Life & Accident Insurance Co.

Plaintiff, Nellie Maxey Elliott, instituted her action below by motion for judgment alleging that defendant, Interstate Life and Accident Insurance Company, contracted, on June 16, 1967, with Alvah Phillip Elliott, plaintiff’s husband, to insure his life for the sum of $12,000, that she was the beneficiary named in said contract, that Alvah Phillip Elliott died on July 20, 1967, at a time when such contract was in full force and effect. Defendant, in its answer, denied the existence of such a contract of insurance.

At the conclusion of all of the evidence, the court below sustained a motion to…