Metropolitan Life Ins. Co. v. James

The action is on a life insurance policy.

The contract stipulated the insurer shall incur no liability until “a policy is issued and delivered, and the full first premium stipulated in the policy has been paid to and accepted by the Company during the lifetime of the applicant.”

By appropriate pleas this provision was set up with allegations that the policy was never delivered, nor the full first premium paid, during the life of the insured.

The controlling issues of law and fact relate to this defense.

■ Roosevelt James, the insured, made application through the local agent of defendant at…