Legal Opinion

American Mutual Aid Society v. Helburn

Court of Appeals of Kentucky

Decided January 8, 1887PublishedCited by 16 opinions

Oase 1-PETITION ORDINARY appeal prom jefferson court op common pleas. 1. The prompt payment of the premiums in ordinary life insurance is a condition precedent to the continuation of the risk where it is provided in the contract that the policy shall be forfeited for non-payment; and the assured need not be formally notified to appear and show cause against the forfeiture. (Manhattan Life Ins. Co. v. LePert, 52 Texas, 504; 93 N. Y., 70; St. Louis Mut. Life Ins.

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Oase 1-PETITION ORDINARY appeal prom jefferson court op common pleas. 1. The prompt payment of the premiums in ordinary life insurance is a condition precedent to the continuation of the risk where it is provided in the contract that the policy shall be forfeited for non-payment; and the assured need not be formally notified to appear and show cause against the forfeiture. (Manhattan Life Ins. Co. v. LePert, 52 Texas, 504; 93 N. Y., 70; St. Louis Mut. Life Ins. Co. v. Grigsby, 10 Bush, 311; New York Life Ins. Co. v. Statham, 3 Otto, 30; Montgomery v. Phoenix Mut. Life Ins. Co., 14 Bush;…

1Opinion of the Court

JUDGE BENNETT

delivered the opinion of the court.

By an act of the Kentucky Legislature, approved January 9, 1880, appellant was created a body-politic for the purpose of providing financial aid to the widows, orphans, heirs, legatees and assigns of its deceased ■members.

On the tenth day of August, 1881, Samuel Helburn became a member of appellant’s Society, and received a certificate of membership from appellant, in which appellant agreed to pay the appellees, sons of Samuel Helburn, in sixty days after satisfactory proof of the death of Samuel Helburn, the sum of money to which the…

2Cases cited2 opinions

  1. Ormsby v. City of LouisvilleCourt of Appeals of Kentucky · 1880
  2. Embree v. ShidelerIndiana Supreme Court · 1871

3Cited by16 opinions

  1. Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901
  2. Kinney v. Brotherhood of American YeomenNorth Dakota Supreme Court · 1905
  3. United Order of Golden Cross v. HooserSupreme Court of Alabama · 1909
  4. Carlson v. Supreme Council American Legion of HonorCalifornia Supreme Court · 1896
  5. Modern Woodmen of America v. JamesonSupreme Court of Kansas · 1892

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