MORGAN v. STATE FARM LIFE INS. CO.


240 Or. 113 (1965)

400 P.2d 223

MORGAN v. STATE FARM LIFE INSURANCE COMPANY

Supreme Court of Oregon.

Reversed and remanded March 24, 1965.


Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellant. With him on the brief were Koerner, Young, McColloch & Dezendorf, Portland, and Robert H. Grant and Kelly & Grant, Medford.

Thomas Garrison, Roseburg, argued the cause for respondent. With him on the brief were Kelley & Garrison, Roseburg.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and LUSK, Justices.


REVERSED AND REMANDED.

GOODWIN, J.

This is an action at law to recover benefits under an alleged contract of insurance on the life of plaintiff's deceased husband. Defendant appeals from a judgment on a verdict for plaintiff.

Plaintiff bases her claim on the terms of an instrument entitled "CONDITIONAL BINDING RECEIPT." The face of this instrument reads as follows:

"RECEIVED FROM Rudy Lee Morgan (Amount of cash settlement...

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