Kelly v. St. Louis Mutual Life Insurance

This is an action on a policy of life insurance, to recover the sum of $5,000 which the plaintiff alleges defendant agreed to pay, according to the terms of the policy, upon the death of the former husband of the plaintiff. The substance of the defense was that, though there were negotiations for a policy, the defendant had not delivered any policy of insurance to the deceased, or made any contract of insurance with him. The defendant contended that as in the application which was signed by Kelly, the alleged insured, there was a clause to the effect that the policy applied for should not be…