Aetna Life Insurance Co. of Hartford v. Wimberly
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an appeal from Milam County. Mrs. Wimberly sued the insurance company and had judgment which was affirmed on appeal by defendant, who thereupon obtained writ of error.
1Opinion of the CourtJustice Brown
On the first day of October, 1904, the plaintiff in error issued to Garee A. Wimberly a life insurance policy in the sum of one thousand dollars, payable at his death to his wife, Lillie M. Wimberly. The policy provided that the premiums should be paid annually in advance on the first day of October at or before five o’clock, and the first premium was paid upon the issuance of the policy. The policy contained this provision: “Policies cease in accordance with their terms if the premiums are not paid on or before the day stipulated therein for such payment, except that a grace of thirty days…
2Cases cited2 opinions
- Hill v. KerrTexas Supreme Court · 1890
- Lubbock v. CookTexas Supreme Court · 1878
3Cited by24 opinions
- Southland Life Ins. v. HopkinsTexas Commission of Appeals · 1922
- Home Insurance Co. New York v. RoseTexas Supreme Court · 1953
- Ætna Life Insurance v. PalmerSupreme Court of Georgia · 1924
- Hardy v. City of ThrockmortonCourt of Appeals of Texas · 1934
- White v. DennisCourt of Appeals of Texas · 1920
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