Munthe

This action was brought to recover on a life insurance policy dated March 7, 1929, in the sum of $3,500 alleged to have been issued by the appellant insurance company upon the life of Dorothy Larsson Munthe in which appellee, insured’s husband, was named beneficiary. The case was tried before a jury and judgment was entered upon the verdict in favor of plaintiff. Defendant appeals.

The insured became ill on the day the policy was dated and died three days later, March 10, 1929. The policy was mailed from Greensboro, N. C., to appellant’s general agent and was in the mail at the time of the death of the insured in San Francisco, Cal., being received by the general agent of the appellant company at San Francisco after the death of the insured. The-principal question involved in the case is as to whether or not the policy had become effective by delivery.

The application for the policy contained the usual provision: “That the company shall incur no liability under this application (unless properly executed conditional receipt bearing the same number as this application has been delivered to me and then only subject to its provisions) unless and until (a) it has been received and…