Connecticut Mutual Life Insurance v. Rudolph

Citations

• 45 Tex. 454

Syllabus

<p>Lde insurance — When application accepted — Estoppel.—On November 11, 1870, an applicant for life insurance in a Connecticut company paid the amount agreed with the local agent on account of premium, and received from him the following receipt, viz:</p> <p>“Received the sum of one hundred and nineteen dollars and eighty-five cents, on account of premium on an insurance of five thousand dollars on the life of White H. Richards, of Whitesboro, count)' of Grayson, State of Texas, for which an application, dated the 11th day of November, 1870, has been made to the Connecticut Mutual Life Insurance Company of Hartford; said insurance takes effect from the date hereof, provided the application therefor be ac-. cepted by said company. The policy issued to be delivered by me, when received, to the applicant, on the return of this receipt to me. It is expressly understood that if the application for the above insurance be declined by said company, it shall be held that no insurance has ever been created under this receipt, and the amount paid hereon shall be repaid to the applicant on the return of this receipt to me.</p> <p>(Signed) “ J. Q. A. Carter,</p> <p>“ Gen. Agent, Sherman, Tex., for North Texas and</p> <p>“ Indian Territory.”</p> <p>“Whitesboro, Tex., Nov. 11, 1870.”</p> <p>The application was forwarded and received at the principal office November 22,1870, and on the 28tli November it was remailed, with a memoranda stating that the name of the applicant, as written by himself, was spelled in two different ways, and requiring an explanation from the applicant himself. The applicant died November 23, before the application was received on its return. On December 28 the secretary of the company informed the local agent that the policy, though prepared, was rejected. No repayment or tender to repay, by the agent, the amount paid, was shown, but the principal office instructed its local agent, on the 19th January, 1871, to return the premium money. In a suit against