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Show TOOK THE PREMIUM, MUSTJAlf POLICY U. S. Circuit Court of Appeals Decides Against Mutual Life Co. REVERSES A DECISION OF JUDGE MARSHALL Action Was Brought In George H. Payne to Recover on Policy. The Circuit Court of Appeals at St. Pruil has reversed the decision of .IuIko Marshall of this city In tho caa of George II Payne atralnst tho Mutual Life Insurance company Policy on Mrs. Payne. Mrs Georco H. Puyne died in this city In 19u3. a year after tnklnc out u poucj in the Mutual Life. When her husband atempted to collect the amount due n the policy, payment was refined on the ground that It had not he n taken out In good faith. Took Note for Premium. The mnn who wrote the policy waa one of several agent! who were contesting' for n gold watch offered bv the. company to the man doing the best work, and took Mrs. Payne'a note for the premium, paying the amount to the company himself. him-self. Policy Never Delivered. Tho policy waa never delivered to Mrs. Payne, but on her death the arent offered of-fered It to the woman's husband If h-would h-would share with the atfi-nt tho money collected. Judge Marshall Reversed. At the elo6e of the henr'.ng In tho Federal court. Judge Marshall held that the company need not pay. but tho Circuit Cir-cuit Court Of Appeals now finds for Mr Payne, on the ground that the Insurance company, having received the premium, Is liable for tho amount of the policy. |