Erath v. Prudential Insurance Co. of America

Appeal by plaintiffs from a judgment of the Supreme Court entered upon a decision dismissing the complaint in an action to recover upon a life insurance policy, submitted upon an agreed statement of facts. An application for insurance upon the life of plaintiff’s daughter, then five and one-half years old, was executed by her father who, at the same time, paid $62.60, representing the first premium, and obtained the defendant company’s receipt therefor. The application provided that “if the full first premium * * * is paid * * * and if the completed application and such other information as…