LIKLY & ROCKETT TRUNK CO. v. PROVIDENT MUT. LIFE INS. CO.

No. 6823.

85 F.2d 612 (1936)

LIKLY & ROCKETT TRUNK CO. v. PROVIDENT MUT. LIFE INS. CO.

Circuit Court of Appeals, Sixth Circuit.

January 16, 1936.


Attorney(s) appearing for the Case

Treadway & Marlatt, of Cleveland, Ohio, for appellant.

Squire, Sanders & Dempsey, of Cleveland, Ohio, for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.


PER CURIAM.

In this cause there was no reversible error in directing a verdict for defendant, because it uncontrovertably appears that the policy sued upon lapsed on December 6, 1932; that it could be reinstated only upon proof of insurability, that is, upon proof of good health of the insured; that Davis, the general agent of appellee, was not only unauthorized to waive this express requirement, but, assuming that he was, the acceptance and deposit of the check for...

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