Lilly v. Metropolitan Life Insurance

Opinion by

Mr. Justice Drew,

Plaintiff brought this action as beneficiary of a policy of insurance issued by defendant on the life of his wife. The jury found for plaintiff, and from the judgment entered against it defendant appealed, assigning certain alleged trial errors and the refusal of its motions for a new trial and for judgment n. o. v. This was the second trial of the case; the first also resulted in a verdict for plaintiff, after which a new trial was awarded by the court below.

Defendant sought to defeat the action upon the ground that insured had made material false and fraudulent…