Able v. Pilot Life Ins. Co.

The opinion of the Court was delivered by

Mr. ChiEE Justice Stabler.

This action was brought on July 2, 1936, to recover the sum of $1,000.00 alleged to be due the plaintiff as beneficiary under a policy of insurance issued by the defendant company on the life of one Carlos Harth Able, Jr. As a defense, the defendant pleaded that “the policy was issued upon the express condition that it should not take effect until it had been delivered to the insured, and the first premium thereon actually paid during the lifetime and good health of the insured”; and that, upon information and belief, on the…