New York Life Insurance v. Hunter

This is an appeal by the New York Life Insurance Company from a judgment against it in an action to collect an insurance policy. The policy was on the life of Charles B. H. Hunter and in it the plaintiff Willa Frances Hunter, mother of the insured, is named as the beneficiary. The policy was for $2,000 and was issued November 12, 1940. The insured- died on or about September 4, 1941, some 10 months after the policy was issued. The plaintiff seeks to recover the amount of the policy. The defendant, in response to the complaint, tendered the amount of the premium it had received, to wit, $38.88…