Gallagher v. Metropolitan Life Insurance

!Guy, J.

Appeal from a judgment in favor of the defendant, rendered upon an agreed state of facts, as follows:

! That on the 2d day of June, 1909, one John Gallagher ¡duly applied in writing to the defendant company for a ¡ policy of insurance payable, in the event of his death, to his ¡father, Thomas Gallagher, the plaintiff herein. At the time 'of making the application, the aforesaid applicant paid the ¡sum of ten cents and took -a receipt therefor, which is ¡marked in evidence and which reads as follows:

*116“Mo.............

“Received from Gallagher 10c./100 Dollars being a deposit on account of…