
    (First Circuit — Hamilton Co., O., Circuit Court —
    Jan. Term. 1898.
    Before Cox, Swing and Smith, JJ.
    FRANK BROKAMP and NELLIE BROKAMP v. THE METROPOLITAN LIFE INSURANCE COMPANY.
    Life Insurance. Company npt liable for premiums paid upon a void ‘ ' policy issued by one of’its agents without the knowledge of the insured and under false representations by the agent.
    Error to the Court of Common Pleas of Hamilton county- . .............
    . The plaintiffs sued for recovery of $65, paid to the defendant company by one of them as premiums on a- policy of insurance on the life of the other, her husband. The petition alleged that the policy, which was for more than. $200, was null and void for the reason that it was issued without the knowledge or consent of the insured, and without his having been examined by á physician, and that théapplication was filled out by an agent of the defendant company, who represented to the wife that the matter was regular in every way, and that relying upon these representations she paid in as premiums on the said void policy the sum here sued for. A demurrer to the petition was" sustained below.
    
      O’Hara & Hojfmeister, for Plaintiff in Error,
    
      C. D. Robertson, and Robert O. Pugh, for the Insurance Company.
   By the Court.

This judgment is affirmed upon the reasoning and authority of the case reported in 25 Insurance Law Journal, page-103, and upon the provisions of section 3626, Revised Statutes.  