Brown v. Pacific Mutual Life Insurance
Missouri Court of Appeals
Appeal from Buchanan Circuit Court . — Hon. Henry M. Barney, Judge. (1) Upon the undisputed evidence the judgment should have been in favor of defendant.
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Appeal from Buchanan Circuit Court . — Hon. Henry M. Barney, Judge. (1) Upon the undisputed evidence the judgment should have been in favor of defendant. The insured, by drawing all of his wages on June 28th, leaving nothing in the paymaster’s hands with which to pay the second premium, elected to treat the insurance as at an end and it would be unconscionable to allow plaintiff to derive any benfit from the policy in view of the express provisions of the contract and the conduct of insured. Clause 11 of the policy (supra). Bane v. Ins. Co., 85 Ky. 667; Landis v. Ins. Co., 6 Ind. App. 502;…
1Opinion of the CourtSmith, P. J.
The policy sued on by its express terms becáme operative on the twentieth day of April, 1902, and the deduction and payment by the railway company to defendant of $3.75 out of the wages earned by the assured for the month of May, in accordance with the latter’s order, kept the policy alive for the next two months ending the twentieth of June, 1902. The accident to the assured resulting in the loss of his life did not happen until the sixth day of August, which was after the expiration of the first two months ’ period covered by the policy. The assured made default in the payment of the…
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