Continental Assurance Co. v. Shaffer

STARR, Chief Judge.

In January, 1955, the defendant’s husband, Dr. Carvel Ott Shaffer, an osteo*830pathic physician and surgeon, made application to the plaintiff company for a 10-year-term life insurance policy, Part I of his application being dated January '7, 1955, and Part II being dated January 5th. Dr. Shaffer gave his check dated January 6, 1955, and marked “Ins. Prem.” to the plaintiff’s agent Robert ■Carney for $402.15, which was the ■amount of the premium demanded by the agent, and the check was endorsed ■and cashed by the agent. The agent gave Dr. Shaffer a receipt dated January 5,…