Manhattan Life Insurance v. LePert
Texas Supreme Court
Appear from Galveston. Tried below before the Hon. A. P. McCormick. Suit submitted on the following agreed case, under rule 51. The appellee, Eliza P. LePert, plaintiff below, held October 5,1871, a policy of insurance on the life of her husband, John H. LePerf, issued to her by appellant (defendant below) on the 27th day of January, 1852, for the term of his natural life, for the sum of $3,000, in consideration of a premium of $99.30 then paid, and an annual payment of a…
Read the full summary
Appear from Galveston. Tried below before the Hon. A. P. McCormick. Suit submitted on the following agreed case, under rule 51. The appellee, Eliza P. LePert, plaintiff below, held October 5,1871, a policy of insurance on the life of her husband, John H. LePerf, issued to her by appellant (defendant below) on the 27th day of January, 1852, for the term of his natural life, for the sum of $3,000, in consideration of a premium of $99.30 then paid, and an annual payment of a like sum, to bo paid annually on the 27th day of January of each year, during the continuance of the policy, half in money…
1Opinion of the Court
Gould, Associate Justice.
To the question presented for our decision, we respond: The forfeiture of the policy was not prevented, either by the tender to E. P. Hunt, as agent, at his office in Galveston, January 27, 1862, (during the war,) of the annual premium then due, or by the tender made to the same person, as agent, in 1865, (after the war,) of all premiums and dues that had accrued on the policy since January 27, 1861.
By this we do not mean that Hunt’s authority to receive *510premiums was revoked by the war, nor that the tender to him in 1862 and 1865 was insufficient to prevent the…
2Cited by7 opinions
- Henry v. Roe & BurnsideTexas Supreme Court · 1892
- Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1905
- Insurance Company v. ChowningCourt of Appeals of Texas · 1894
- Sovereign Camp Woodmen of World v. HicksCourt of Appeals of Texas · 1904
- Union Central Life Insurance v. ChowningCourt of Appeals of Texas · 1894
2 more not listed; retrieve them via the Exa API.