New York Life Ins v. Alexander
Mississippi Supreme Court
Appeal from circuit court of Jasper county. Hon. W. H. Hughes, Judge. Action byi W. H. Alexander, administrator of Julius A. Alexander, deceased, against the New York Life Insurance Company. Judgment for plaintiff, and defendant appeals. It is admitted that the Ahgust 8, 1918, premium on the policy of insurance sued on, was not paid or tendered when due, and was not paid or tendered at any time thereafter.
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Appeal from circuit court of Jasper county. Hon. W. H. Hughes, Judge. Action byi W. H. Alexander, administrator of Julius A. Alexander, deceased, against the New York Life Insurance Company. Judgment for plaintiff, and defendant appeals. It is admitted that the Ahgust 8, 1918, premium on the policy of insurance sued on, was not paid or tendered when due, and was not paid or tendered at any time thereafter. It is also admitted that the appellant company had no notice or knowledge of any kind or character, of the alleged physical and mental disability of the insured, until after his death. It…
1Opinion of the CourtCook, J.
On the 5th day of June, 1917, appellant, New York Life Insurance Company, issued its policy for two thousand dollars to one Julius A. Alexander. On page 1 of said policy the following provision occurs:
“This contract made in consideration of the payment in advance of the sum of twenty-three dollars and ninety-six cents, the receipt of which is hereby acknowl*823edged, constituting the first premium and maintaining this policy to the eighth day of August, 1917, and a like sum on said date and every three calendar months thereafter during the life of the insured.”
Under the heading, “Payment of…
2Cases cited4 opinions
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
- Thompson v. Insurance Co.Supreme Court of the United States · 1881
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
- Hale v. FinchSupreme Court of the United States · 1881
3Cited by48 opinions
- New England Mut. Life Ins. Co. v. ReynoldsSupreme Court of Alabama · 1928
- Berry v. Lamar Life Ins. Co.Mississippi Supreme Court · 1932
- Brander v. NaborsDistrict Court, N.D. Mississippi · 1978
- Reynolds v. Travelers Insurance Co.Washington Supreme Court · 1934
- Lawler v. Government Employees Ins. Co.Mississippi Supreme Court · 1990
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