Kamischer v. John Hancock Mutual Life Insurance

SCOTT, J., pro tem.

Defendant issued a policy dated April 8, 1931, insuring the life of Meer Kamischer, husband of plaintiff. The insured was drowned May 31, 1931. The *630first premium on the policy was paid June 1, 1931, repayment thereof tendered.by defendant upon fact of death becoming known and such tender refused. Upon refusal of defendant to pay plaintiff as beneficiary the amount of the death benefit under the policy, this action was instituted. At the close of plaintiff’s case motion for nonsuit was granted, and from judgment thereon plaintiff appeals.

Although grounds for the motion for…