Progressive Life Insurance v. Reeves

Upon the trial of the case, the evidence did not show that any blank note was given by Mr. Reeves, the insured to Percy S. Smith, the general agent of the defendant insurance company with instructions to fill it in for the amount sufficient to pay the next three ensuing premiums, including that due May 3, 1950, the payment of which would have prevented the policy from lapsing prior to Mr. Reeves’ death on June 4, 1950.

The agent, Mr. Smith, testified that the note was in his possession to cover the premium payment due May 3, 1950, but, in view of his explanation of the transaction, his…