Opinion
Gen. No. 41,125. (Abstract of Decision.)
Opinion filed May 13, 1941 Rehearing denied June 2, 1941
INSURANCE, § 524 — judgment n.o.v., as erroneous. In action on life insurance policy, trial court erred in granting plaintiff judgment notwithstanding verdict, where defendant introduced evidence tending to show that insured suffered from selerosis of the liver, which would produce symptoms, and that insured's representations as to health were untrue, and defense was not vexatious and without reasonable cause, so as to justify allowance of interest and attorney's fees.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. GEORGE W. BRISTOW, presiding.
Judgment reversed and cause remanded with directions to the trial court to pass upon plaintiff's motion for a new trial. Heard in second division, first district, this court at February term, 1940.
Julius H. Selinger, for appellant;
Cornelius R. Palmer, for appellee.
"Not to be published in full." Opinion filed May 13, 1941; rehearing denied June 2, 1941.