Ten Broek v. Jansma

The plaintiff having appealed from a judgment of no cause of action, and the statement of facts in his brief not being questioned by defendant’s counsel, we treat it as correct under the rule.

The action was brought on a promissory note for $160 given to a solicitor for the Central Life Assurance Company of the United States. The solicitor, who is the plaintiff, solicited defendant for insurance and wrote an application for a policy of $10,000, and the defendant signed it. It contained the following provision:

*598“Fill in the kind of premium desired, and if the first year’s premium is paid other…