MR. JUSTICE MILLER delivered the opinion of the court.
This was an action on a policy of life-insurance issued by plaintiff in error.
The defence is, that though plaintiff below, as administrator of Mr. Howes, whose life it purported to insure, had received the policy, it was, in reality, not delivered by the agent until after the death of the assured, and in ignorance of that event. This is not disputed. But plaintiff below insisted that a contract of insurance...
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