Penn Mutual Life Insurance v. Conoughy

Ragan, C.

John J. Conoughy, in the district court of Adams county, recovered a judgment against the Penn Mutual Life Insurance Company and one N. J. Schmidt. The insurance company has filed here a petition in error for a review of that judgment.

1. Conoughy in his petition for a first cause of action alleged that the insurance company and Schmidt on the 9th of June, 1893, made and delivered to one McGrath their check in writing payable to his order as follows:

“Omaha, Nebraska, June 9, 1893.

“American National Bank: Pay to the order of E. J. McGrath seventy ($70) dollars.

“N. J. Schmidt, Gen’l Agt”