Clare v. . Mutual Life Ins. Co.

The action is upon a policy of insurance issued by the defendant, which insured the life of the plaintiff's mother for his benefit in the sum of $3,000. The defense to the action was, principally, that the policy had been cancelled and all obligation of the defendant thereunder satisfied. Findings were made by the trial court, in its decision of the issues, which were based upon a stipulation of the parties as to the main facts. In substance, these were the facts as found. Mrs. Clare, the plaintiff's mother, in January, 1900, took out a paid-up policy of insurance, whereby the defendant…