Fitzpatrick v. Woodmen of World Life Insurance

This is an action on an alleged certificate of life insurance, issued to Forest F. Foster, in favor of the Oak Grove Church and Cemetery Association, as beneficiary. The principal issue between the parties is whether the alleged certificate was ever issued and delivered to the insured by the defendant.

The facts show that Mr. Claude Manlove, a field agent of the defendant, on May 11, 1942, took the application, in Kansas City, of Dr. Forest F. Foster, for the certificate in question and, at that time, gave Dr. Foster a receipt,' reciting that he had received $4.37 from the doctor in payment of…