Cobb's Adm'r v. Wolf
Court of Appeals of Kentucky
Case 69 — PETITION ORDINARY — APPEAL FROM OWEN CIRCUIT COURT. 1. The brother of defendant who acted as his agent in the transaction in question was not a competent witness for defendant, the person with whom the transaction was had being dead. (Civil Code, sec. 606.) 2. Even with all the incompetent testimony in, no defense is shown to-the note, and the court should have taken the case from the jury. 1. The policy of the New York Life Ins.
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Case 69 — PETITION ORDINARY — APPEAL FROM OWEN CIRCUIT COURT. 1. The brother of defendant who acted as his agent in the transaction in question was not a competent witness for defendant, the person with whom the transaction was had being dead. (Civil Code, sec. 606.) 2. Even with all the incompetent testimony in, no defense is shown to-the note, and the court should have taken the case from the jury. 1. The policy of the New York Life Ins. Co, which was by appellant delivered to appellee, was not like, nor substantially like, the policy of the Mutual Life Ins. Co. of New York in terms,…
1Opinion of the Court
JUDGE PAYNTEB
delivered the opinion op the court.
This action is upon a note executed by the appellee to William Cobb, now deceased, for premiums on a policy of life insurance in the New York Life Insurance Company, he then being the agent of the company. As a defense to the note, it is claimed that the appellee held a policy on his life for five thousand dollars in the Mutual Life Insurance Company of New York, upon which he had paid one premium. To induce him to surrender that policy, the decedent agreed to deliver to Mm a policy in the New York Life Insurance Com-, pany exactly like the…
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