Armstrong v. Mutual Life Insurance
Supreme Court of Iowa
Appeal from Benton District Court. — Hon. G. W. Burn-ham, Judge. It appears that in August, 1895, one W. D. Rambo was employed and acting as an agent for the defendant company to solicit applications for life insurance, and that his authority was limited to such purpose.
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Appeal from Benton District Court. — Hon. G. W. Burn-ham, Judge. It appears that in August, 1895, one W. D. Rambo was employed and acting as an agent for the defendant company to solicit applications for life insurance, and that his authority was limited to such purpose. During the month named he secured an application from the plaintiff, which, in form, called for the issuance of a life insurance policy for $5,000 on the so-called “income life plan,” with ten year distribution. At the time of making such application plaintiff executed and delivered to said Rambo a note for the sum of $80.25…
1Opinion of the Court
Bishop, O. J.
*367i. fraud of cfveiyof premium: evidence. *366The evidence offered by plaintiff having relation to the subsequent taking' up by Eambo p’f the *367•policies issued to plaintiff and his wife was admitted over the objection of defendant that the same was incompetent and immaterial. Counsel for appellant contend that such ruling was error. The action, it is to he observed, is grounded upon the fraud alleged to have been committed by Rambo in connection with the filling out of the applications. As the issues stand, the right of recovery must be predicated upon-proof of the fraud alleged, and…
2Cases cited3 opinions
- Johnson v. ReedMassachusetts Supreme Judicial Court · 1812
- Vawter v. GriffinIndiana Supreme Court · 1872
- Burton v. ShotwellCourt of Appeals of Kentucky · 1877
3Cited by7 opinions
- Summers v. Mutual Life Insurance Co. of New YorkWyoming Supreme Court · 1904
- Wilkinson v. Queal Lumber Co.Supreme Court of Iowa · 1927
- Wood v. Brotherhood of American YeomenSupreme Court of Iowa · 1910
- Van Arsdale-Osborne Brokerage Co v. CooperSupreme Court of Oklahoma · 1911
- Hartwig v. Ætna Life InsuranceWisconsin Supreme Court · 1916
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