Provident Savings Life Assur. Soc. v. Nixon
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Western Division of the District of Washington. This is an action by Cora E. Nixon, defendant in error, on two policies of insurance issued by plain (iff in error lo tlie husband of defendant in error, and of which she was the beneficiary. They were respectively for $3,000 and $15.009, and the premiums on the former were payable quarterly on the 12th clays of March, June, September, and December.
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In Error to the Circuit Court of the United States for the Western Division of the District of Washington. This is an action by Cora E. Nixon, defendant in error, on two policies of insurance issued by plain (iff in error lo tlie husband of defendant in error, and of which she was the beneficiary. They were respectively for $3,000 and $15.009, and the premiums on the former were payable quarterly on the 12th clays of March, June, September, and December. That which fell due1 on the 12th of September, 1890, was not paid when due, nor has it ewer been paid. The premiums on the §15,000 policy…
1Opinion of the Court
McKENNA. Circuit Judge,
after stating the case as above, delivered the opinion of the court.
*148The statute is explicit as to when and where and how notice shall be sent to the assured that a premium is due. The provision and language is that it “shall be duly addressed and mailed to the person whose life is assured * * * at his or her last known post-office address, .postage paid by the company, or by an agent of such company, or person appointed by it to collect such premium.” 3 Rev. St. (8th Ed.) 1686. It is contended by plaintiff that his proof shows a compliance with the statute. It does not…
2Cases cited7 opinions
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- Schutz v. JordanSupreme Court of the United States · 1891
- Bussard v. LeveringSupreme Court of the United States · 1821
- Lindenberger v. BeallSupreme Court of the United States · 1821
- Pier v. HeinrichshoffenSupreme Court of Missouri · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Davidson S. S. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1905
- Nederland Life Ins. v. MeinertCourt of Appeals for the Seventh Circuit · 1904
- Feder Silberberg Co. v. McNeilNew Mexico Supreme Court · 1913