Likly & Rockett Trunk Co. v. Provident Mut. Life Ins.
This text of 85 F.2d 612 (Likly & Rockett Trunk Co. v. Provident Mut. Life Ins.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In this cause there was no reversible error in directing a verdict for defendant, because it uncoutrovertably appears that the policy sued’ upon lapsed on December 6, 1932; that it could be reinstated only upon proof of insurability, that is, upon proof of good health of the insured; that Davis, the general agent of appellee, was not only unauthorized to waive this express requirement, but, assuming that he was, the acceptance and deposit of the check for $61.65 issued on December 23d, and the receipt issued therefor, did not as a matter of law constitute such waiver, but was a clear mistake made in ignorance of appellee’s rights under the policy.
It is therefore ordered and adjudged' that the judgment appealed from be, and the same is, affirmed.
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Cite This Page — Counsel Stack
85 F.2d 612, 1936 U.S. App. LEXIS 4196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/likly-rockett-trunk-co-v-provident-mut-life-ins-ca6-1936.