Enelow v. New York Life Ins.

BUFFINGTON, Circuit Judge.

In the court below Mrs. Sarah Enelow, the beneficiary in an insurance policy on the life of her husband now deceased, brought suit against the New York Life Insurance Company to recover on its policy. The insurance company’s defense was fraud in the procurement of the policy. After proofs, both sides prayed binding instructions. The court affirmed the defendant’s point, which was that the jury should find for the plaintiff only for the return of premiums paid. On entry of judgment for such sum in its favor, plaintiff took this appeal. Both sides having asked for…