New York Life Ins. v. Rutherford

(after stating the facts as above). After the application was received by the agent, and the first premium was paid, nothing remained to be done by the insured to make the contract effective. There was no provision that the insured should be in good health at the time of the delivery of the policy. His state of health at that time was not mentioned in the policy or in the application. The only conditions were that the insurance applied for should not take ef*709feet unless the first premium were paid and the policy delivered to, and received by, the insured during his lifetime.

On the trial the…