Smithart v. John Hancock Mut. Life Ins.

This is an action to enforce a contract of life and disability insurance, evidenced by a group policy issued to complainant’s employer and by a certificate issued to complainant.

Complainant’s contention is that the contract matured when he became wholly and permanently disabled while the contract was in force.

The issue as to the fact of complainant’s disability was submitted to a jury, A verdict for the complainant was set aside by the chancellor, and a new trial was granted. Thereafter, at the same term, the chancellor sustained the defendant’s motion to dismiss the suit because the contract…