Lesser

The plaintiff sued the defendant to recover on a certain insurance policy. The jury returned a verdict in favor of the plaintiff, and from a judgment entered thereon the defendant has appealed.

[1] Emil Lesser, the husband of the plaintiff, was last seen at Venice, Los Angeles County, on the second day of November, 1915; at that time he was within a few feet of the bathing-house where he was accustomed to go in bathing two or three times a week. In her complaint the plaintiff alleged that death occurred November 2, 1915, and the proof which she introduced to substantiate her allegation consisted wholly of circumstantial evidence. The plaintiff and the insured were married in 1896 at Birmingham, in the state of Alabama. In 1912 they removed to California, and at the time of the disappearance of the insured the family was residing at a house on East Adams Street. At that time the family consisted of the husband and wife, a daughter, the° wife’s niece, and her nephew, and Mr. and Mrs. Minnis. During their married life the husband’s conduct toward his wife was very affectionate, and very attentive. He left the house in the morning at about 8 o’clock daily, and returned home about 6…