61 Neb. 500 | Neb. | 1901
Moses L. Cohn was the state agent of the New York Life Insurance Company. He solicited and received the application of Joseph Garneau for a policy in said company. The policy was issued, and Garneau gave Cohn his promissory note for the premium, the latter having advanced the premium money to the company. The note was subsequently renewed by Garneau, he giving to Cohn another note, and this action is on said note given in renewal. Upon the trial, a verdict was returned for the plaintiff, under the direction of the court, and from .the judgment entered thereon defendant has prosecuted error.
One of the matters pleaded as a defense was that at and prior to the time the original note was given there was a mutual parol agreement between the parties relative to the giving of the note, which it is claimed constituted a defense to the action. Defendant sought to introduce evidence to establish this parol agreement, which was excluded, and the defendant thereupon of
Another defense interposed was that the policy of in
“New York Life Insurance Co., 346 & 348 Broadway.
“Omaha, Neb., Aug. 4, 1891.
“Received of Joseph F. Garneau, Jr., to be held by me in trust, policy No. 399,672 in the New York Life Insurance Company, insuring life of said Garneau for $25.000. Said policy dated April 18, 1891. It is understood that said policy is to be delivered to said Garneau at any time upon demand. M. L. Cohn, General Agt
This receipt was produced upon the trial by defendant. The evidence was ample to establish the fact of the delivery of the policy to Garneau, and there being no conflict in the evidence upon that question, it was not error to refuse to submit that issue to the consideration of the jury. The record is free from error, and the judgment is
Affirmed.