#### Sophie Horowicki, Defendant in Error, v. Globe Mutual life Insurance Association, Plaintiff in Error.

Gen. No. 22,291.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Habby C. Moran, Judge, presiding. Heard in this court at the March term, 1916.

Reversed and remanded.

Opinion filed October 30, 1916.

Statement of the Case.

Action by Sophie Horowicki, plaintiff, against the Globe Mutual Life Insurance Association, defendant, in the Municipal Court of Chicago, to recover on a policy of insurance. To reverse a judgment for plaintiff, defendant prosecutes this writ of error.

M. H. Hoey, for plaintiff in error.

*552Abstract of the Decision.

Instjbance, § 436—when refusal to dismiss action prematurely brought is erroneous. In an action on an insurance policy providing that no amount payable thereunder should be due until sixty days after proofs of death were furnished, it is error to deny a motion to dismiss where it appears that the action was commenced eighteen days after the date of death, and before any proofs of death had been furnished.

Emory J. Smith and Clarence P. Smith, for defendant in error.

Mr. Presiding Justice

McSurely delivered the opinion of the court.