Bankers' Credit Life Ins. Co. v. Lee

Action of assumpsit by the 'beneficiary on a policy of life insurance. The case was submitted to the jury on the first count of the complaint, which follows the form prescribed by the statute (Code § 9531, form 12), except as to the statement of the date of the policy, which is stated as follows: “ * * * whereby the defendant at some time during the last part of the year 1929 or January 1930, a more definite date being unknown to the plaintiff, insured the life of Ed Lee, who died on the third day of February, 1930.” (Italics supplied.)

The defendant demurred to this count on grounds, among…