In the very nature of things the failure of the insurer to perform such act cannot be made the basis of defense against liability. Protective Mut. Ben. Asso. v. McCuistion (Tex Civ App) 66 S.W.2d 511; Westchester F. Ins. Co. v. Earle, 33 Mich. 143, 151. Here it was agreed that the insurance should be effective from the date the application was made.

The facts of that case are on all fours with those of this case. Protective Mut. Ben. Ass'n v. McCuistion (Tex. Civ. App.) 66 S.W.2d 511, cited by appellant, is not in point. In that suit the beneficiary was awarded a recovery on the contract of insurance which the court held became effective before the death of the insured, even though there had been no manual delivery to him; the delay in delivery being due to oversight of the agent of the insurance company, to whom it had been sent for delivery.