Thomas v. Equitable Life Assurance Society

(dissenting). — I am unable to agree to the majority opinion in this case and will state as briefly as possible the reasons for my dissent.

On the 15th day of December, 1893, the defendant issued to the plaintiff a policy of life insurance in the sum of one thousand ($1,000) dollars; this policy was designated as a “Free Tontine Limited Payment Life Policy.” The policy provided that should the plaintiff pay the annual premium of twenty-seven and 60/100 ($27.60) dollars, provided therein, yearly for twenty *543(20) years, that on the 11th day of December, 1913, the insured should have the choice of…