Levan v. Metropolitan Life Ins. Co.

(dissenting) : I cannot agree with Mr. Justice Ramage’s opinion in this case for the reasons which follow.

This is an action by the plaintiff, as the named beneficiary in a policy issued June 5, 1920, by the defendant company, insuring the life of her husband, Barton Levan, a colored barber in the city of Sumter, in the sum of $2,500. He died on January 12, 1924, having paid the semiannual premiums as they matured upon the policy, with the exception of that which matured on June 5, 1923. The defense of the company was that the policy lapsed on July 6, 1923, by reason of the non-payment of the…