Gardner v. Inter-Ocean Life & Casualty Co.

The opinion of the court was delivered by

Benson, J.:

The plaintiff appeals from a judgment denying a recovery sought by her as beneficiary in an accident policy issued to Ira S. Gardner, her son, by a casualty company whose liabilities had been assumed by the defendant.

The only question for decision is whether the policy had lapsed before Gardner’s death for failure to pay a premium as provided in the policy, and is presented here upon the conclusions of fact and law of the district court. No transcript of the evidence was made.

The policy provided for the payment of an annual premium of $12…