Legal Opinion

Dunn v. National Life Insurance

Supreme Court of New Hampshire

Decided December 5, 1897PublishedCited by 7 opinions

Assumpsit, upon an insurance policy on the life of Nellie E. Crockett. Verdict for the plaintiff. The policy, dated December 24, 1895, provides that a premium of $13.05 shall be paid to the defendants on or before the twenty-fourth day of December, March, June, and September in each year during the continuance of the contract until twenty annual premiums have been paid; that “ failure to pay any premium or any part thereof . . . when due shall cancel the insurance” and the…

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Assumpsit, upon an insurance policy on the life of Nellie E. Crockett. Verdict for the plaintiff. The policy, dated December 24, 1895, provides that a premium of $13.05 shall be paid to the defendants on or before the twenty-fourth day of December, March, June, and September in each year during the continuance of the contract until twenty annual premiums have been paid; that “ failure to pay any premium or any part thereof . . . when due shall cancel the insurance” and the contract; that “ all premiums are payable at the home office in Montpelier, Vermont, but will be accepted when paid to…

1Opinion of the CourtChase, J.

Although premiums were payable at the home office of the defendants, they were to be accepted “ when paid to agents of the company in exchange for its receipts, signed by its president or secretary.” In other words, they were payable either at the home office or to the company’s agents having proper receipts for the same. It was essential that each person insured should definitely understand which method of payment was adopted in his case; and if it was the' latter method, whether the agent was to call on him for payment, or he was to tender payment to the agent wherever found,' or at some…

2Cases cited2 opinions

  1. Appleton v. Phenix Mutual Life InsuranceSupreme Court of New Hampshire · 1880
  2. Nixon v. BrownSupreme Court of New Hampshire · 1876

3Cited by7 opinions

  1. Loftis v. Pacific Mutual Life InsuranceUtah Supreme Court · 1911
  2. Daley v. Metropolitan Life InsuranceSupreme Court of New Hampshire · 1925
  3. Lally v. Prudential Insurance Co. of AmericaSupreme Court of New Hampshire · 1909
  4. Continental Insurance v. BrowningCourt of Appeals of Kentucky · 1902
  5. Davidson v. Temple of the Supreme Tribe of Ben HurSupreme Court of Iowa · 1907

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