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Stellwagen v. Merchants' Life Insurance

13 N.Y. Sup. Ct. 654 Court N.Y. Gen. Term English

Judges Present — Mullin, P. J., Smith and Gilbert, JJ.

Delivered by Mullin, P. J.

Contents

Majority

p. 654
JOHN STELLWAGEN, Respondent, v. THE MERCHANTS’ LIFE INSURANCE COMPANY, Appellant.

Headnote

Application for insurance — signature of applicant.
An application for insurance may, in the absence of any positive regulation of the company defining the circumstances under which the applicant is excused from personally signing it, be signed by a duly authorized agent of the applicant, or in any way by which he will be bound in fact as well as in law by the contents thereof.
Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury.
p. 655
E. Q. Sprague, for appellant. Delaman F. Clark, for respondent.

Opinion by

Present — Mullin, P. J., Smith and Gilbert, JJ.

Judgment affirmed.