Wilbourne v. Prudential Insurance

The opinion of the court was delivered by

Smith, J.:

This was an action on an insurance policy. Plaintiff recovered judgment. Defendant appeals.

The sole question is whether all premiums due had been paid on the policy at the time of the death of insured. Plaintiff was the mother of insured. Plaintiff took out a policy on her own life first, and a short time thereafter took out one on her daughter’s. The premium on each policy was 25 cents a week.

' The practice of the company was to keep a record of the payment on the policies in a book. This book was permitted to remain in the possession of…