Mutual Life Ins. Co. of New York v. Barrett

Action on a policy of life insurance. On September 4, 1924, insured applied to appellant for a policy of insurance on his life. On the 19th day of the same month the policy in suit was delivered to him, and on that date the first annual premium was paid. The second annual premium was paid May 18, 1925. The policy was dated May 18, 1924, and, thus dated, carried an annual premium of $158.73, whereas, if it had been dated as of September 4, 1924, the date of the application, it would have carried an annual premium charge of $166.05; such premium charge being determined by the age of insured at…