Duarte v. Postal Union Life Insurance Co.

SCHOTTKY, J. pro tem.

Plaintiffs, Prank H. Duarte and Helen Hill Duarte, his wife, brought an action against defendant, Postal Union Life Insurance Company, to recover the sum of $23,368, plus interest. The complaint was based upon two so-called binding receipts dated March 14, 1935, executed by one Green as the agent of defendant, by the terms of which receipts defendant agreed to issue to plaintiffs single premium fully paid two-year endowment insurance policies in the aggregate amount of $23,368, or to return to plaintiffs the premiums paid. Plaintiffs seek the return of said sums because…