Paine v. Pacific Mutl Life Ins. Co.

51 F. 689 (8th Cir. 1892)

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Nature of the Case

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Facts

On May 29, 1890, Kendall made his written application to D for insurance, and caused it to be forwarded to its home office, where alone it could be accepted or rejected. On June 3, 1890, he was drowned. On June 6, 1890, D first received the application at its home office. On June 7, 1890, its medical director, in ignorance of Kendall's death, approved the application. Kendall knew the application could be accepted and a contract of insurance made by the officers of D at its home office only. P is the administrator of Kendall’s estate. P sued D to obtain the insurance proceeds. The Court dismissed the bill to enforce specific performance. P appealed.