Messina v. N.Y. Life Ins. Co.

On the 16th day of October, 1901, Joseph Messina applied to appellee insurance company for the twenty-year pay policy of insurance involved in this case. In his application, properly admitted in evidence, he gave the date of his birth as June 10, 1859, which would make his age at that time forty-two. On the 31st day of October, 1901, appellee company issued the policy payable to a named beneficiary, but the policy carried an express stipulation by which, the insured could change the' beneficiaries at any time upon written notice to the company. Changes in that respect were in fact…