Neville v. National Life & Accident Insurance

(After stating the foregoing facts.) The record properly presents two questions only for determination by this court: 1st. Should a new trial have been granted because of the error in the charge? 2d. Is there evidence to support the verdict? The second of these questions is sufficiently answered in the second headnote, and we will enlarge upon the first headnote only. The policy sued on contained the following clause: “No obligation is assumed by the company prior to the date hereof, nor unless on said date the assured is alive and in sound health.” The defendant on the trial contended that…