Dailey v. Chappell

Citations

• 21 Ohio C.C. Dec. 509

Syllabus

<p>INSURANCE — PLEADING—TRIAL.</p> <p>1. Answer Failing to Aver Rebate Defense to Action on Notes .Given eob Insurance.</p> <p>An answer, in an action on notes given for life insurance, alleging: (1) that the notes were executed upon an express agreement that they should be discounted with a certain brokerage firm of which insured was a member and brokerage allowed such firm, otherwise the insurance should be void and the policy cancelled; (2) that upon notice of failure to carry out said brokerage agreement, the policy was returned to the agent, cancellation demanded and return of notes requested; and (3) that insured became the beneficiary of a rebate, illegal and contrary to Sec. 1 of act 90 O. L. 345 (Lan. Rev. Stat. 5802; B. 3631-4), is defective in that it fails to bring insured within the terms of the statute so as to invalidate the notes or make them fail for want of consideration.</p> <p>2. Judgment of the Pleadings, not Prejudicial.</p> <p>Judgment on the pleadings without testing the sufficiency of the answer by demurrer is not prejudicial error, no motion being made by defendant for leave to amend his answer or file some other pleading.</p> <p>[Syllabus approved by the court.]</p>