ÆTNA LIFE INS. CO. v. ROEWE

No. 4244.

38 F.2d 393 (1930)

ÆTNA LIFE INS. CO. v. ROEWE.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied March 26, 1930.


Attorney(s) appearing for the Case

Frank H. Sullivan, of St. Louis, Mo., for appellant.

Rudolph J. Kramer, of East St. Louis, Ill., for appellee.

Before EVANS, PAGE and SPARKS, Circuit Judges.


PAGE, Circuit Judge.

This appeal is from a judgment in favor of appellee, Roewe, beneficiary under a policy on the life of Moore, who died about five weeks after the policy was delivered to him, without payment of the first premium thereon.

Appellee's contentions are: (a) That under the Illinois statute, Orr, the soliciting agent, had the power to, and did, waive the payment of the first premium; (b) that, under the contract of insurance, drafts were to be...

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