Ballah v. Peoria Life Ass'n

This is a suit in assumpsit upon a policy of life insurance for $1,000 issued by the defendant on November 12, 1903, to James H. Ballah, the husband of the plaintiff. Payment of the policy was .refused, by the defendant upon the ground that the insured had permitted the same to lapse by his failure to pay the quarterly premium amounting to $5.04 on November 12, 1908, preceding his death on February 6, 1909. Under the pleadings two issues were submitted to the jury: First, whether or not by its course of conduct in accepting payment of premiums after the time fixed therefor by the terms of the…