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Contracts Keyed to Epstein
Paine v. Pacific Mut. Life Ins. Co.
Citation:51 F. 689 (1892)
The complainant was the administrator of the estate of Forrest L. Kendall, and the defendant was a corporation organized under the laws of California. One Limback was the agent of the defendant in Nebraska to solicit applications and collect premiums, but without authority to make, or to agree to make, contracts of insurance for the defendant. On May 29, 1890, he solicited and obtained from Kendall his application to the defendant, in writing and print, for a policy of insurance on his life. This application was signed by Kendall. Limback then agreed to take $10 of the first quarterly premium in trade at Kendall’s store, and after Kendall’s death he did get from that store, on this account, a box of cigars. Kendall agreed to pay the balance of this premium, $59.90, when the policy was delivered. The application was forwarded to the home office. On June 3, 1890, Kendall was drowned and on June 6, 1890, the application first reached defendant’s home office. On June 30, 1890, complainant tendered $59.90 to Limback in payment of the first quarterly premium, but he refused to receive it.
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