Woody v. Continental Life Insurance

Woods, Judge:

This action was instituted before a justice by the beneficiary named in a certain insurance policy issued to Mattie Marshall by defendant company for the purpose of recovering the face of the policy — $300.00. On appeal, after having directed a verdict for the defendant, the circuit court of McDowell county at a later date set the same aside and awarded the plaintiff a new trial. The defendant maintains that the verdict was supported by the law and the evidence and should not have been set aside.

The principal defense interposed was that the policy was procured by fraudulent…