Metropolitan Life Insurance v. Taylor's Administrator

Opinion, of the Court by

Chief Justice Clay—

Reversing.

The 'Citizens ’ Bank & Trust Company, as administrator of Mary Taylor, brought this action against the Metropolitan Life Insurance Company to recover on a policy insuring the life of Mary Taylor for $268. The lower court sustained a demurrer to the second and third paragraphs of the 'answer and rendered judgment for plaintiff on the face of the pleading. Defendant has prayed an appeal.

Paragraphs 2 and 3, to which demurrers were sustained are as follows:

“2. Defendant for further answer says that the policy sued on was issued and delivered by…