Dennis

This is an action to recover from a life insurance company the sum of two thousand five hundred dollars upon the death of a person insured by the company. The jury trying the cause returned a verdict for the plaintiff. From the judgment rendered in the premises, and an order refusing a new trial, the defendant appeals.

Under the pleadings, the execution of the policy, the payment of the premium, the death of the insured, the giving notice and making proof of the death in due time, and the repudiation by the defendant of any obligation to pay the policy, are admitted.

The defense set up was, that, under a clause of the policy which reads thus: “It is hereby declared and agreed that the self-destruction of the person within three years from the date hereof—whether voluntary or involuntary, and whether he be sane or insane at the time—is not a risk assumed by the company in this contract,” the defendant was not liable, because the death of the insured person was the result of and caused by self-destruction.

The plaintiff rested, after reading the pleadings, upon the admission of the defendant that if the jury should give a verdict for the full amount of the policy, that the sum of…