U.S. Court of Appeals for the Sixth Circuit, 1936

Likly & Rockett Trunk Co. v. Provident Mut. Life Ins.

U.S. Court of Appeals for the Sixth Circuit · Decided January 16, 1936

85 F.2d 612; 1936 U.S. App. LEXIS 4196 (Federal Reporter, Second Series)

Counsel

Treadway & Marlatt, of Cleveland, Ohio, for appellant., Squire, Sanders & Dempsey, of Cleveland, Ohio, for appellee.

Cases that cite this one

1 later published case cites this decision.

Estate of Marion Levine, Robert L. Larson, Personal Representative (United States Tax Court 2022)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

In this cause there was no reversible error in directing a verdict for defendant, because it uncoutrovertably appears that the policy sued’ upon lapsed on December 6, 1932; that it could be reinstated only upon proof of insurability, that is, upon proof of good health of the insured; that Davis, the general agent of appellee, was not only unauthorized to waive this express requirement, but, assuming that he was, the acceptance and deposit of the check for $61.65 issued on December 23d, and the receipt issued therefor, did not as a matter of law constitute such waiver, but was a clear mistake made in ignorance of appellee’s rights under the policy.

It is therefore ordered and adjudged' that the judgment appealed from be, and the same is, affirmed.

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