Equitable Life Assurance Society v. Brewer

Opinion op the Court by

Judge Willis

Affirming.

The Equitable Life Assurance Society of New York insured Jack Brewer in the sum of $2,000, payable, in the event of the death of the insured, to his mother, Albertine Brewer. Jack Brewer died on January 12, 1926, and the beneficiary instituted this action to recover the full amount of the insurance. The policy contained a provision to the effect that failure to pay any premium on the date it was due, or within 31 days thereafter, lapsed the contract. The society defended on the ground that the policy lapsed on December 22, 1925, for nonpayment of…