Elliott v. Mutual Life Ins. Co.

This case is presented on appeal from the court of common pleas of Tulsa county.

The action was instituted in that court by Myrtle E. Elliott, nee Beard, as plaintiff, to recover on a life insurance policy issued by the defendant, Mutual Life Insurance Company, on Arthur A. Beard, who died September 2, 1930.

The company defended upon the theory that the policy had been surrendered for cancellation, was canceled, and all liability thereon terminated prior to the death of the insured. Upon trial of the canse it was shown that negotiations for a cancellation of the policy were carried on with the…