New York Life Insurance v. McIntosh

Citations

• 86 Miss. 236

Syllabus

<p>1. Contracts. Meeting of the minds. Insurance.</p> <p>Propositions and counter propositions do not make a contract; ■before either party is bound, the proposition of one of them must be accepted by the other exactly as proposed; there must be a meeting of the minds on the same thing; and this is true of insurance as of other contracts.</p> <p>2. Same. Concrete case.</p> <p>Where plaintiff’s deceased husband applied for a life policy, paid the amount of the first annual premium, and obtained a receipt, which the company agreed to accept as cash in payment of the first premium, and, if the policy was not issued within sixty days, the amount paid would be returned on surrender of the receipt to the company ; and the policy applied for was not issued, but a different policy tendered and refused, and, after certain further evidence of insurability was furnished, a more favorable policy was sent to insurer’s agent to be tendered, but, insured being sick at the time, it was never delivered, and insured died soon after, these facts did not establish a meeting of minds, and no contract of insurance was ever effected.</p>