De Guzzi v. Prudential Insurance Co. of America

This is an action of contract upon a policy of insurance issued by the defendant on the life of one Pasquale Lo Scerbo, “payable to the executors, administrators ór assigns of the insured.” The issuance and delivery of the policy, the receipt, and the sufficiency of proof of death and appointment of the beneficiary were admitted. The defendant’s bill of exceptions sets forth all the material evidence.

At the close of the evidence, the defendant requested the court to make the following rulings:

“1. That upon all the evidence in this case, the plaintiff is not entitled to recover.”

“4. The…