Equitable Life Assur. Soc. of United States v. Welch

THOMAS, Justice.

This is a suit on a life insurance policy. The complaint is in Code form. In addition it acknowledges a credit on the policy of $711 paid on February 1, 1936. Defendant (appellant) pleads the fact that pursuant to written request of the insured received at appellant’s home office in New York, it caused its check for the full amount of the cash-surrender value, including all dividends due on the policy, to be paid to the insured on February 1, 1936, so that the policy ceased to be in force and effect on and after said date of February 1, 1936.

The appellee by replications…