Bates v. Equitable Life Assur. Soc. of the United States

Plaintiff, assignee of the beneficiary, brought this action on a policy issued by defendant on the life of Benson F. Bates, Jr., to recover $3,0U0, the face amount and the double indemnity for the accidental death of the insured. By amendment recovery of the statutory (Code, sec. 6434) penalty was also sought. The defense was that the insurance had lapsed for nonpayment of the premium.

At the close of all the evidence plaintiff moved the court to direct a verdict for him for the face amount and the double indemnity and to submit to the jury the question of his right to recover the penalty. The…