Pace v. Provident Savings Life Assur. Soc.

Fifth Circuit

Pace v. Provident Savings Life Assur. Soc.

113 F. 13, 51 C.C.A. 32, 1902 U.S. App. LEXIS 3924

Court of Appeals for the Fifth Circuit·Decided January 14, 1902·No. No. 1,083·Published·Cited by 4 cases

Opinion

PER CURIAM.

The receipt for first premium, which is the basis of this suit, does not appear to have been given or issued by a duly-authorized agent of the Provident Life Assurance Society. If considered as issued by a duly-authorized agent, and to be a binding receipt of the company, still it must be construed in connection with the application and the statements therein, and held to effect insurance upon the life of the applicant only in case the application was thereafter accepted by the society.

The decree of the circuit court seems to be in accordance with the law and the facts of the case, and it is affirmed,

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PER CURIAM.

The receipt for first premium, which is the basis of this suit, does not appear to have been given or issued by a duly-authorized agent of the Provident Life Assurance Society. If considered as issued by a duly-authorized agent, and to be a binding receipt of the company, still it must be construed in connection with the application and the statements therein, and held to effect insurance upon the life of the applicant only in case the application was thereafter accepted by the society.

The decree of the circuit court seems to be in accordance with the law and the facts of the case, and it is affirmed,

Pace v. Provident Savings Life Assur. Soc., 113 F. 13, 51 C.C.A. 32, 1902 U.S. App. LEXIS 3924 (5th Cir. 1902).

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Opinion

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