195 P. 1107 | Mont. | 1921
delivered the opinion of the court.
Plaintiff brought action against defendant for recovery upon a life insurance policy issued by defendant to John M. Harrington, now deceased.
On May 23, 1913, insured made application to defendant for insurance policy, passed satisfactory examination, and policy was issued payable to his wife as beneficiary, plaintiff in this action. One James Cotter, who took the application, delivered, the policy to Harrington on the seventh day of June, 1913, but without the payment of any part of the premium. Plaintiff claims that there was an unconditional delivery of the policy, and that sixty days’ credit was extended to insured for payment of first premium. Defendant insists that there was á delivery for inspection only, and produced an inspection receipt which defendant claims was executed by insured at the time of the delivery, reading as follows:
“June 7th, 1913.
“The receipt of policy No. 2070953 of the Mutual Life Insurance Company óf New York for $2,000.00 on' the life of John M. Harrington is hereby acknowledged. It is understood and agreed that the said policy is received for inspection only, notwithstanding the acknowledgment of the receipt of the premium contained in the policy; and it is expressly agreed that the said policy is not in force, the first premium thereon not having been paid.
“John M. Harrington.
“James Cotter, Witness.”
The specifications of error raise the question as to whether or not the evidence is sufficient to justify the verdict against defendant, it being claimed that there is not any substantial evidence sustaining the contention that the inspection receipt was not signed by insured. If Harrington signed the receipt, the policy was not in force at the time of his .death; but, if he did not sign the receipt, the policy was in force at that time.
The rule has been established by numerous cases that the
It is undisputed that the policy was delivered in the presence
The judgment and order overruling motion for a new trial are affirmed.
Affirmed.