Ponder v. Lamar Life Ins.

DAWKINS, District Judge.

Plaintiff sued as the beneficiary of a life insurance policy issued upon the life of her deceased husband, dated September 14, 1923, alleging payment of the first year’s premium. The defendant admitted issuing the policy, but denied payment of the first full year’s premium, and averred that only a quarterly installment had been paid, and that the policy had lapsed for nonpayment of the second installment.

On the day of trial plaintiff submitted a plea of estoppel and motion for judgment upon the face of the pleadings, the latter under a Louisiana statute; her position…