Baird v. Union Mutual Life Insurance

Action to recover on a tontine life insurance policy. The amount in dispute is $1,439.55, being the difference between the sum claimed by plaintiff from the surplus under a “rider” or slip attached to the policy and the amount found due by the company’s actuary on the policy without the rider. The item of $2,579.25 payable from the reserve is not in dispute. There was judgment for plaintiff for the full amount, and defendant appeals.

What is the contract between the parties! November 17, 1896, plaintiff made application to defendant for a policy in the sum of $5,000 under the tontine plan,…