Fidelity Mutual Life Insurance Co. v. Hembree

Opinion op the Court by

Stanley, Commissioner.

Affirming in part and reversing in part.

The defense made by the appellant to a suit oii a policy issued by it on the life of Charles Hembree was that the -contract of insurance never became effective, as the policy was not unconditionally delivered to him, and that,'in 'consideration of the cancellation of a note given for the premium, the insured had formally released the company from liability. A jury decided the issue against the company, and it appeals from the judgment on the ground that it was entitled to- a decision by the court as a matter…