Stinson v. Sachs

The opinion of the court was delivered by

Stiles, J.

— Appellant’s answer admitted the execution of the note sued on, and its delivery to the payee, Marston, but denied its endorsement to the respondent. As part of an affirmative defense it was also set up that in taking the note, which was given in payment of a life insurance premium, Marston was acting as the agent of respondent, who *392seems to have been the general soliciting agent of the insurance company. The evidence established this fact clearly, and thereby obviated the point which appellant makes that no sufficient proof was offered as…