WISEMAN, J.
This is an appeal on questions of law and fact. The evidence taken below has been submitted as the record in this court.
Plaintiff brought an action, as receiver for Hinkle & Company, Inc., an Ohio corporation, for a declaratory judgment respecting his rights to the proceeds of a certain life insurance policy on the life of William E. Hinkle, deceased, in the amount of $10,000, issued by The Metropolitan Life Insurance Company
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