URSETH v. SUN LIFE ASSUR. CO. OF CANADA

No. 11854.

119 F.2d 529 (1941)

URSETH v. SUN LIFE ASSUR. CO. OF CANADA.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 16, 1941.


Attorney(s) appearing for the Case

J. L. London, of St. Louis, Mo. (Leahy, Walther & Hecker, of St. Louis, Mo., on the brief), for appellant.

James E. Garstang, of St. Louis, Mo. (Davis Biggs, Jr., Emmet T. Carter, and Carter & Small, all of St. Louis, Mo., on the brief), for appellee.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.


JOHNSEN, Circuit Judge.

In a suit by the beneficiary on a life insurance policy, the trial court directed a verdict in favor of the insurance company, on the ground that the evidence conclusively showed that the initial premium had not been paid, nor had credit been extended with respect to it, and hence the policy had never become effective. Plaintiff contends that there was sufficient evidence of an unconditional delivery of the policy to the insured, and of a waiver...

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