Mutual Aid Union v. Lovitt

This action was instituted by J. W. Lovitt, the beneficiary in a policy of life insurance issued by the Mutual Aid Union to Mary O. Lovitt, dated the first of October, 1915. Lovitt alleged that Mary O. Lovitt, the assured, died on the sixth of May, 1924, and that the Mutual Aid Union was due him the sum of $1,000 on the policy. In its answer, the defendant set up that the policy had lapsed because of the nonpayment of assessments on the policy in January, 1924. The cause was by consent tried by the court sitting as a jury.

The plaintiff testified, and identified the policy or certificate of…