Leonard v. N.E. Mutual Life Ins. Co.
Supreme Court of Rhode Island
Leonard v. N.E. Mutual Life Ins. Co., 46 A. 455 (R.I. 1900)
22 R.I. 130; 1900 R.I. LEXIS 66
Mafcteson, Stiness, Tillingliast
Leonard v. N.E. Mutual Life Ins. Co.
Opinion of the Court
The surrejoinder avers that the insured did not so sign the application,- but that he signed it in blank upon the promise of the medical examiner to write in the answers afterward and to forward it to the company, said examiner ‘ ‘ being the agent of said company and of said Henry Leonard.” The effect of this reply is that an agent of both parties, and hence his agent, did it.
Clearly this is no answer. All that is attempted to be set up by the surrejoinder can be shown under a traverse. Demurrer to surrejoinder sustained.
Reference
- Full Case Name
- Elizabeth Leonard vs. N. E. Mutual Life Ins. Co.
- Status
- Published