Reliance Life Ins. Co. of Pittsburgh v. Pearson

Kirby, J.,

(after stating the facts). It is insisted that the court erred in holding that the giving of the note by the insured to the agent of the company, who delivered the policy to him, constituted a payment of the yearly premium and continued the policy in force at the time of the death of the insured.

Appellant concedes that the taking of such a note .'by a general agent of the company would-have constituted a payment of the premium, so far as the company was concerned, but -contends that the soliciting agent was without authority to accept such note, and that the policy -lapsed and was…