Commonwealth Life Ins. Co. v. Barr

The action is on a policy-of life insurance.

Under the pleadings and proof, the issue upon the trial was narrowed to one question of fact, viz. Was the first premium paid upon the policy prior to the death of the insured?

Appellant insists it was entitled to. the affirmative charge on the evidence. The recited consideration of the policy was the payment of the initial premium at the time of delivery and later premiums as stipulated.

The insured stipulated:

“The company shall not be liable until the application has been received, approved, the policy issued thereon by the company and de-" livered…