Opinion
Gen. No. 42,521. (Abstract of Decision.)
Opinion filed April 26, 1944
INSURANCE, § 498.8 — insufficiency of evidence as to mental incompetency of insured. In action for damages for breach of alleged contract duty to decedent and plaintiff as his widow and administratrix of his estate, and beneficiary under group insurance policy, wherein issue arose as to mental incompetency of decedent, evidence examined and held to warrant conclusion of trial court that decedent was not mentally incompetent during period pertinent to issue involved.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JOSEPH H. McGARRY, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the December term, 1942.
Wilhartz Hirsch, for appellant; Samuel E. Hirsch, William Ruger and Julian H. Levi, of counsel;
Taylor, Miller, Busch Boyden, for appellee; Preston Boyden, Cassius M. Doty and Richard A. Back, of counsel.
Not to be published in full. Opinion filed April 26, 1944.