Sutton v. Wright

Citations

• 94 Kan. 499
• 147 P. 62
• 1915 Kan. LEXIS 114

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Promissory Notes — Given for Premium on Life Insurance Policy — Defense, Wamt o\\f Delivery of Policy — Sufficient Delivery Shown. In an action by an insurance agent to recover on two promissory notes given for the premium on a new life insurance policy issued to take up an old policy which was surrendered, the defense was want of consideration because the policy had not been delivered, to the insured. The insurance company sent the policy to the agent for delivery to the defendant. The jury found specially on sufficient proof that the agent duly mailed the policy to the defendant. Held, manual delivery of the policy to the defendant by messenger was not essential to perfect the defendant’s obligation on his notes, and the defense of want of consideration was overcome.</p>