New York Life Ins. Co. v. Holroyd

This was an action on a life insurance policy, by the beneficiary thereof. The defense was nonpayment of the first annual premium, and the trial court placed upon the defendant insurance company the burden of proving such nonpayment. In appealing the defendant asserts that this was error, and that, instead, the burden of proof should have been placed upon the plaintiff to show the payment of said first annual premium.

The policy recited that receipt of payment of the first annual premium was acknowledged. As to where the burden of proof lies on the issue of payment or nonpayment of premiums…