Moore v. . Ins. Co.

Civil action to recover on a contract of insurance.

On 25 May, 1925, the defendant, in consideration of weekly premiums of twenty-five cents each, to be paid on every Monday thereafter, issued to James B. Moore a life insurance policy in the amount of $175, payable to plaintiff (wife of the assured) upon the death of the assured, provided said policy was then "in benefit"; that is, provided the premiums were fully paid, or "in arrears not exceeding four weeks," at the time of the death of the assured. Otherwise, the policy, by its own terms, was to be null and void.

The assured died 28…