Wyoming Reports Volume 21 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...plaintiff brought error. The other material facts are stated in the opinion. E. H. Fourt, for plaintiff in error. It is the duty of the court to give such instructions upon the law as may be necessary, and that duty is not excused by the failure of counsel to request specific instructions good in law and applicable to the evidence. (Comp. Stat. 1910, Sec. 4499; U. P. R. R. Co. v. Jarvi, 3 Wyo. 375.) Special findings control the general verdict. (Comp. Stat. 1910, Secs. 4511, 4512.) The applicant was insured from the time of the application. The contract was that if the premium was paid at the time of the medical examination the insurance should date from that time upon the acceptance of the application, and the note in suit was given in payment of that premium. The applicant was insured from the time the policy was applied for, and the policy was delivered to him by mail within a short time of the date of the application. He retained the receipt given to him for the first premium, and cannot be heard to say that he did not receive value, or that the terms of the contract were not fully complied with by the company. (McFarland v. Ry. Officials &c., 5 Wyo. 126; Summers v. Mut. L. Ins. Co., 12 Wyo. 369; Tayloe v. Ins. Co., 9 How. (U. S.) 390; Eams & Cooley v. Ins. Co., 4 Otto, 621, 24 L. Ed. 298; Ins. Co. v. Ins. Co., 19 How. (U. S.) 518.) The condition set up to avoid the payment of the note is a condition subsequent, and not sufficient to invalidate the contract. (Belo v. Ry. Co., 62 Pac. 295; Cotton v. Fid. & Cas. Co., 41 Fed. 506; Nachez v. Ins. Co., 42 Fed. The fact that it was the defendant s purpose to use the proceeds of the note to pay the premium is foreign to the controversy. He might have borrowed the money from...