Eaton v. N.Y. Life Ins. Co. of N.Y.

Opinion by

Mr. Justice Maxey,

The question here is whether or not the beneficiary’s possession of a policy of life insurance, complete in all its terms and duly executed, and containing a formal acknowledgment of the payment of the first premium is, after the death of the insured, conclusive evidence or merely prima facie evidence that the agent’s manual delivery of that policy into the possession of the insured was a legally operative delivery.

January 10, 1929, Emma D. Eaton, a nurse residing in Lawrenceville, Tioga County, Pa., but temporarily employed in Elmira, N. Y., applied to an agent,…