Wehsner v. Kansas City Life Insurance
North Dakota Supreme Court
Appeal from the District Court of Hettiuger County, Lemblce, J. A directed verdict should be given when the prima facie case has been completely destroyed by unimpeached and uncontradicted documentary evidence. Kazee v. Kansas City L. Ins.
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Appeal from the District Court of Hettiuger County, Lemblce, J. A directed verdict should be given when the prima facie case has been completely destroyed by unimpeached and uncontradicted documentary evidence. Kazee v. Kansas City L. Ins. Co. 217 S. W. 341; Automobile Co. v. St. Louis Union, 187 S. W. 109; Darlington Lumber Co. v. Missouri P. E. Co. 243 Mo. 224, 147 S. W. 1052. Soliciting or collecting agents have no authority to vary or modify contracts of insurance, to waive conditions thereof, or to extend timé for the payment of premiums, other than the first premium. Fidelity Mut. L.…
1DissentGrace, J.
This is an appeal from a-judgment in favor *634of the plaintiff, and from an order denying defendant’s motion for judgment non obstante, and for a new trial.
Reinhold Renke, the insured, died, and the action is brought by the administrator of his estate, to recover upon an insurance policy in the sum of $2,000. The beneficiary, Karolina Renke, was the wife of the insured, and she died shortly prior to his death. The insured left six •children ranging in age from four to fourteen years.
The defendant interposed a defense that the policy had lapsed prior to the death of the insured. The issues, as…
2Cases cited5 opinions
- First National Bank v. WarnerNorth Dakota Supreme Court · 1908
- Mackey v. ReevesSouth Dakota Supreme Court · 1921
- Cardiff v. MarquisNorth Dakota Supreme Court · 1908
- Druey v. BaldwinNorth Dakota Supreme Court · 1919
- Williams v. ClarkNorth Dakota Supreme Court · 1919