McKay v. New York Life Insurance

This is an action to recover the proceeds of a policy of insurance on the life of Bertram E. McKay issued by the defendant. The defendant demurred specially to the declaration for the following reasons: first, because in the declaration, the plaintiff states that the insurance on the life of the plaintiff’s intestate, Bertram E. McKay, for which the plaintiff’s action is brought, expired on August 28, 1939, yet the plaintiff in her declaration does not allege that the said Bertram E. McKay died prior to August 28, 1939. Second: because the plaintiff in her declaration states that said…