Minnis

—This action was brought to recover on a life insurance policy issued by defendant to Emil Lesser, plaintiff’s intestate. From a judgment entered on a verdict in plaintiff’s favor for the sum of $1,950.40, defendant has appealed.

Defendant issued the life insurance policy on February 12, 1894, upon the life of Emil Lesser in the sum of $3,000. Lesser paid the annual premium up to and including the premium due on February 9, 1915, and no payments of premiums were made since that date. On January 30, 1914, Lesser borrowed from the defendant the sum of $987, to be repaid on February 9, 1915, with interest at five per cent, and assigned the policy as collateral security for the loan. On February 9, 1916, defendant declared the policy lapsed for nonpayment of premium and, pursuant to its terms, converted it into a paid-up policy of $1,764. On April 5, 1919, defendant foreclosed the policy for nonpayment of the principal and interest of the loan, the amount of the principal sum of the loan and accrued interest totaling at that time a sum slightly in excess of the paid-up value of the policy.

In 1915, Emil Lesser disappeared, having been seen last at Venice, on November 2, 1915. On…