LIFE INSURANCE COMPANY OF VIRGINIA v. O'BRIEN

6 Div. 260.

122 So.2d 754 (1960)

LIFE INSURANCE COMPANY OF VIRGINIA v. Eunice H. O'BRIEN.

Supreme Court of Alabama.

Rehearing Denied September 15, 1960.


Attorney(s) appearing for the Case

Cabaniss & Johnston and Drayton T. Scott, Birmingham, for appellant.

J. Robt, Huie and J. Terry Huffstutler, Birmingham, for appellee.


LIVINGSTON, Chief Justice.

This is an appeal by defendant from a judgment in favor of plaintiff for $1,086.17 and from an order overruling defendant's motion for a new trial.

The action was brought upon a policy of life insurance, the complaint being in code form. The defendant pleaded in short by consent with a plea of tender of $6.08, the amount of premiums paid on the policy.

Defendant relied upon the following defenses: (1) misrepresentations in...

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