Prudential Insurance v. Chestnut

We see no error in the judgment overruling the demurrer of the insurance company. By the demurrer, it is insisted that the plaintiff’s petition fails to set forth a cause of action, because it is apparent, from the contract of insurance attached to the petition, that the policy had lapsed. From an examination of the policy it appears that this is a contract by which the Prudential Insurance Company undertook to insure the joint lives of Thomas E. Chestnut and Euby Valentipe 'Chestnut, the amount of the policy being payable to the survivor. The petition alleges, that all of the premiums were…