Kelly v. New England Mut. Life Ins.

BUFFINGTON, Circuit Judge.

In the court below Mrs. Martha Ellen Kelly (who is since deceased, and John P. Kelly, her administrator, being thereafter substituted) brought suit against the New England Mutual Life Insurance Company to recover on a policy of insurance. The facts in the ease, about which there is no dispute, were: On September 27, 1912, the company issued a policy of insurance on the life of Thomas Francis Kelly. It was made payable to his wife, Martha Ellen Kelly. The annual payments of premiums were paid by the insured until and including September 27,1919. Although notice of the…