Gannon v. Gannon

Opinion by

Gawthrop, J.,

This is an action of assumpsit in the form of a feigned issue to determine the title to a fund arising from a policy of insurance issued April 28, 1920, by the Mutual Life Insurance Company of New York on the life of Emmett Gannon. The parties to the issue are adverse claimants to the fund. The company admitted its liability on the policy and paid the money into court so that the rights of the claimants might be legally determined. The plaintiff is the father of the insured and the defendant is his wife. The state ment of claim avers that the insured died on October…