Page:North Dakota Reports (vol. 48).pdf/552

 from influenza or its after effects or any other disease and the completion of the enclosed Personal Health Certificate, indicating that he has not been ill and that his state of health is the same as when his original examination was taken.

“In case there are any impairments which, in your judgment, would warrant a further postponement, please return the policy to this office with a statement of the facts.

“You will appreciate that due to present conditions, it is necessary that we take the precautions herein mentioned, and your most careful and hearty co-operation will be appreciated until conditions return to normal. Yours truly,

“Provident Insurance Company,

“By, Secretary.” Certain it is that the policy was never delivered to the deceased, except by mailing the same to Bigham, the agent of the company. Certain it is that on November 8th, 1918, the deceased was sick unto death and Bigham never had authority to deliver the policy. Certain it is that the deceased never paid any insurance premium, except by giving a note which has not been paid. The plaintiff contends that Bigham was the banker and the agent of the deceased, as well as the agent of the company and that delivery of the policy to Bigham was a delivery to the deceased. But there never was a delivery of the policy to Bigham except for a special purpose and pursuant to special instructions, and he never had authority to deliver the policy because when he received it the deceased was on his deathbed. The letter shows that Bigham had no authority to make delivery, save on certain conditions with which there was no compliance.

Then it is claimed that by furnishing ordinary blanks on which to make proof of death the company put the plaintiff to the expense of making proof. To give any force to that point we must allow that the claim of the plaintiff was so dubious that it would not have been made if the company had not furnished the proof blanks. It appears that when application was made for the blanks the company knew nothing, had no knowledge, concerning the delivery of the policy and in a courteous way the agent immediately forwarded the blanks, which was entirely proper. We can hardly believe that the claim of the plaintiff was so shallow. that she would not have made proof of death even though the Company: had refused to furnish the blanks.