Winslow

Appellant and her husband, citizens of California, brought this action against appellee, a New York corporation, to recover of appellee the sum of $10,000 on an alleged contract of insurance whereby appellee is alleged to have insured the life of Leonard N. Winslow in their favor. Appellee answered, denying that any such contract had been made. Before trial, appellant’s husband died and appellant, as administratrix of his estate, was substituted as plaintiff in his stead. Thereafter the action was prosecutea by appellant individually and as administratrix. At the close of all the evidence, appellee moved for and obtained a directed verdict in its favor. From the judgment entered on that verdict, this appeal is prosecuted.

The evidence establishes, without conflict, the following facts :

On December 14, 1934, at Eureka, Cal., appellee’s agent, Fred J. Moore, solicited and obtained Winslow’s application for a policy of insurance on Winslow’s life in favor of appellant and her husband for $5,000, with a provision for double indemnity in case of accidental death. Also, on the same day, Winslow was examined by appellee’s medical examiner at Eureka. The premium on the proposed policy,…