Bankers' Life Co. v. Burns

BRYAN, Circuit Judge.

The beneficiary of an insurance policy brought suit upon it, and recovered judgment. This appeal is taken by the insurance company on the ground that the policy had lapsed before the death of the insured.

The premiums on the policy were payable annually, and were paid up to November 25, 1923. The premium due on the last-mentioned date wa's not paid, but the policy had a cash surrender value of $58.09, which was sufficient to pay for extended insurance for one year and 73 days. By several extension agreements the time for payment of the premium in default was extended until…