Julie D. Knowles v. The Mutual Life Insurance Company of New York

This action in the diversity jurisdiction was brought to collect the proceeds of a life insurance policy. By agreement, it was tried before a magistrate who submitted two special interrogatories to the jury. The jury answered the interrogatories, finding that the defendant’s agent had apparent authority to accept a postdated check for the first premium but that the insured had not unconditionally accepted the insurance policy. Judgment for the defendant would have followed upon the finding of conditional delivery, but after the discharge of the jury, the magistrate determined that the…