In a suit by the administrator of the estate of Isaac G. Cumrine. against the defendant association, to recover upon a contract of accident insurance, it was shown that Cumrine, a railroad engineer, was killed in a wreck near Greentown, April 28, 1894. The complaint says that the decedent entered into a contract with the insurance association for an accident policy of $3,000 on April 20, eight days before his death. The association admits that a contract was made with Cumrine for the insurance, but claims that it was not to go into effect until May l. The complaint charges that this date had been changed in the contract, and that it was originally dated April 20.
The jury found for plaintiff, and association appealed.