Zemler v. New York Life Insurance Co.

Taylor, C.

Defendant appeals from a judgment on a life insurance policy rendered after a denial of its motion for judgment notwithstanding the verdict. The facts are practically undisputed, and the sole question is whether the policy ever went into effect.

Hilda Zemler, 22 years of age, resided with her parents on a farm and taught a near-by school. On October 10, 1927, she made an application for a policy payable to her mother, the plaintiff, and on the same date executed her promissory note, payable December 1, 1927, to E. J. Stewart, the soliciting agent of defendant, for the amount of the…