Metropolitan Life Insurance v. O'Farrell

The opinion of the court was delivered by

Greene, J.:

Peter O’Farrell, administrator of the estate of Mamie Whitbeck, deceased, sued the Metropolitan Life Insurance Company in the district court of Leavenworth county on a life insurance policy issued on the life of Mamie Whitbeck in the sum of $500. The defendant pleaded payment. The plain*279tiff recovered judgment, and the defendant prosecuted error to the court of appeals, where said judgment was affirmed (Insurance Co. v. O’Farrell, 10 Kan. App. 151, 62 Pac. 673), and it now prosecutes error from that judgment to this court.

Under the issues,…