Gallagher v. Metropolitan Life Insurance

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 10 cents and took a receipt therefor, which is marked in evidence and which reads as follows:

“No.-.

“Received from Gallagher 10^/100 dollars being a deposit on account of application for insurance in…