Preferred Accident Insurance v. Stone

The opinion of the court was delivered by

Dostek, C. J.:

This was an action on a contract oSr accident insurance. No policy of insurance was issued but an application for one was made and premium therefor paid. The application and premium were accepted, as the defendant in error claims. The suit was in effect one for specific performance by compelling the issuance of the policy, and for a money judgment in accordance with its terms for a loss which had been sustained. The plaintiff prevailed in the court below and the defendant prosecutes error to this court.'"'

The facts are that the plaintiff…