Shivers v. Ross

Citations

• 91 Miss. 246
• 45 So. 1039

Syllabus

<p>Promissory Note. Insurance premium. Joint insurance. Application for on two. Policy on one. Acceptance. Retention. Estoppel.</p> <p>A suit on a promissory note, given for the first premium on a policy of life insurance on the life of one of - the defendants, may be defended by showing that the application was joint, not several, for two policies, one on the life of each defendant for the benefit of the other, only one of which was ever written, its reception and retention, although for several months, by defendants having been induced by plaintiff’s assurance that the other would be forthcoming, if the one written were returned as soon as defendants learned the other would not be issued.</p>