King v. Mayes
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern District: William M. Springer, Judge; Action by King Bros, against Walter A. Mayes on promissory note for $265.50, premium on policy of insurance on the life of appellee. Judgment for defendant. Plaintiffs appeal.
1Opinion of the CourtClayton, C. J.
The answer sets up two defenses: First, that the note sued on was not signed by the appellee; second, that the application for the policy was procured by misrepresentations of the agent of the insurance company, and that it was not to be accepted by the appellee until he should have an opportunity to examine the policy. Appellants requested the court to instruct the jury to return a verdict in their favor, which was refused, and exception saved.
The policy came into the hands of the appellee on October 5, 1897, and was retained by him in his possession nntil January 8, 1898. The court properly…
2Cases cited1 opinion
- Choctaw, Oklahoma & Gulf Railroad v. NicholasCourt Of Appeals Of Indian Territory · 1899
3Cited by1 opinion
- Ribble v. RobertsCourt of Appeals of Texas · 1915