Howard v. Continental Life Insurance Co.
California Supreme Court
On the 31st of October, 1867, the defendant insured the life of Benjamin C. Howard, for the term of five years, and for the sum of five thousand dollars.
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On the 31st of October, 1867, the defendant insured the life of Benjamin C. Howard, for the term of five years, and for the sum of five thousand dollars. The following are the material parts of the policy which have reference to the question here involved: . “This policy witnesseth: That the Continental Life Insurance Company, in consideration of the representations made to them in the application for this policy, and of the sum of two hundred and sixty-seven dollars and twenty-one cents, to them in hand paid by Benjamin C. Howard, and of the sum of two hundred and sixty-seven dollars and…
1Opinion of the Court
By the Court, McKinstry, J.:
After stating “in consideration of representations,” etc., the policy proceeds: “And of the annual premium of, etc., to be paid on or before the 31st day of October in every year during the continuance of this policy, or within thirty days after the payments as above shall be due and payable (or with the consent of the company, half, or quarter, or thrice yearly in advance, with interest,) one third of which may be indorsed as a loan, do assure,” etc.
The learned counsel for respondent treat the provisions *233of the the policy as extending a credit for the second and…
2Cited by4 opinions
- Thompson v. Fidelity Mutual Life Ins.Tennessee Supreme Court · 1906
- New York Life Ins. v. MorrisMississippi Supreme Court · 1924
- Young v. Northwestern Mutual Life InsuranceArizona Supreme Court · 1932
- Ponder v. Lamar Life Ins.District Court, W.D. Louisiana · 1925