Sengfelder v. Mutual Life Insurance

The opinion of the court was delivered by

Hoyt, J.

Plaintiff brought this action to recover of the defendant a certain sum of money which he had paid to one Leadbetter, as the first annual premium upon a policy of insurance upon his life for the sum of five thousand dollars, to be thereafter issued by the defendant. The ground upon which he sought to recover this premium back was that the defendant had failed to approve his application, and issue him a policy as required by the terms of his ap*122plication. Defendant in its answer, after making certain denials, alleged by way of affirmative defense…