Brandis v. Empire State Life Assurance Society

Opinion by

Mr. Justice Kephart,

Appellee is a son of Gussie Brandis, deceased, who owned a $5,000 life insurance policy issued by appellant. The policy was dated May 1, 1929, and the insured died on March 12, 1932. Appellant unsuccessfully denied liability because of the nonpayment of a quarterly premium due February 1, 1931.

Appellant urges there was no proof of payment of the first premium. A policy of life insurance, complete in all its terms and duly executed, containing a formal acknowledgment of the payment of the first premium, and in the beneficiary’s possession after the death of the…