The plaintiff brought an undefended action claiming the defendant, his sister-in-law, agreed to pay him proceeds from a life insurance policy on his late wife.
The court found the plaintiff failed to establish any consideration flowing to the defendant to support a binding contract, noting the payments made were equally consistent with a gift.
Despite the defendant being noted in default, the court held that deemed admissions apply only to facts, not conclusions of law.
The claim was dismissed.
