Ætna Life Insurance v. Phifer

DISSENTING OPINION.

McCulloch, C. J.

I can only discover in this con-

tract one to pay money in installments, and a refusal to pay each installment created a separate cause of action, but not a right of action for future installments. The breach of the contract was in refusing to pay, and the fact that there was a total denial of liability did not accelerate the right of action for future installments. The rule on the subject of remedies on contracts to pay money in installments is stated as follows:

“At common law a.contract to pay a sum certain in installments at different times was considered…