#### Jennie Parker, Appellee, v. American Assurance Company, Appellant.

(Not to be reported in full.)

Abstract of the Decision.

Instjkance, § 704 * —when finding of court below sustained. It will be presumed on appeal that the trial court did not err in rendering its judgment in an action on a life insurance policy tried *492before the court without a jury, where no propositions of law or fact were submitted to the court and no question was discussed in the argument but that of whether the payment of the last premium was made under the facts shown in the evidence and the terms of the policy, and the Appellate Court had no means of knowing what the provisions of the policy were without going.to the record, which the Appellate Court could not be required to do, and appellant had not abstracted the policy.

*491Appeal from the Circuit Court of Vermilion county; the Hon. William B. Scholfield, Judge, presiding.

Heard in this court at the October term, 1914.

Affirmed.

Opinion filed April 16, 1915.

Statement of the Case.

Action of assumpsit by Jennie Parker against the American Assurance Company to recover as beneficiary under a policy of insurance upon the life of her husband. From a judgment for plaintiff after trial by the court without a jury, defendant appeals.

W. O. Edwards and George E. Tilton, for appellant.

Isaac A. Love, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Eldrbdge

delivered the opinion of the court.

*492Scholfield, J., took no part in the consideration of this case.