MONETTA v. METROPOLITAN L. INS. CO.

No. 4656.

94 Ohio App. 399 (1952)

MONETTA, APPELLANT, v. METROPOLITAN LIFE INS. CO., APPELLEE.

Court of Appeals of Ohio, Lucas county.

Decided December 8, 1952.


Attorney(s) appearing for the Case

Messrs. Shoemaker, Loop & Kendrick and Mr. Robert B. Gosline, for appellant.

Messrs. Doyle, Lewis & Warner and Mr. George J. Gould, for appellee.


FESS, J.

This is an appeal on questions of law from a judgment for defendant entered by the court after trial without the intervention of a jury.

The action was brought by plaintiff against the defendant to recover $4,000 under a policy of insurance insuring the life of his son, who met his death while in the air corps as a result of the crash of a training plane. By way of an affirmative defense, defendant sets forth in the answer that a war risk and aviation...

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