Lincoln v. Burbank

Opinion of the Court by

Chief Justice Clay

Affirming.

S. M. Burbank brought this action against D. J. Lincoln to recover on two notes and a check which were not paid. A demurrer was sustained to Lincoln’s answer and counterclaim as amended, and, he having declined to plead further, judgment was rendered against him, and he appeals.

The allegations of the amended answer and counterclaim are in substance as follows: Appellee was the state agent of the Aetna Life Insurance Company. Prior to August 25, 1923, appellant applied to appellee for a $10,-000.00 policy on his life. The application was…