Piedmont & Arlington Life-Insurance v. Ewing

This was an action on a policy of life-insurance issued by plaintiff in error.

The defence is, tbat tbougb plaintiff below, as administrator of Mr. Howes, whose life it purported to insure, bad received tbe policy, it was, in reality, not delivered by tbe agent until after tbe death of tbe assured, and in ignorance of tbat event. Tbis is not disputed. But plaintiff below insisted that a contract of insurance bad been made between Howes and tbe insurance company before bis death, which bound tbe company; and whether tbis was so or not is tbe principal question in tbe case.

Another defence,…