Wuertz v. Life & Casualty Ins.

Plaintiff sues for the return of $517.80 paid to defendant through Victor G-. Pox, who, according to plaintiff, was an agent of defendant for the solicitation of insurance and for the receiving of premiums therefor. The policy for *71which the amount mentioned was paid was never issued. Defendant refuses to return the money, claiming that Fox was not its agent and had neither actual nor apparent authority to receive payments for it.

Defendant strenuously urges us to exclude the testimony of plaintiff’s wife, arguing that a wife is not a competent witness for or against her husband nor for or…