Dutcher v. Brooklyn Life Ins.

TREAT, District Judge.

This is a bill for specific performance. On the 29th of February, 1S08, the defendant issued a non-for-feitable policy. The sum insured was $10,-000; annual premium $015.40; number of premiums to be paid, ten; term, natural life of the insured, “with participation in the profits.” Payment of the $10,000 was to be made within sixty days after death and proof thereof — “the balance of the year’s premium, if any, and all indebtedness due, or to become ■due to the company, to be first deducted therefrom.” This seems to contemplate that there would be, or might be, a part of…