Phœnix Insurance v. Lansing
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Pound J. The policy contained the following provisions: “If * * * the premium note shall be due and unpaid * * * In every such case this policy is void.
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Error to the district court for Lancaster county. Tried below before Pound J. The policy contained the following provisions: “If * * * the premium note shall be due and unpaid * * * In every such case this policy is void. In case the assured shall fail or refuse to pay the premium note above described when due [May 3, 1880], this policy shall then and thenceforward be and remain null and void, and same cannot be revived without the written consent of the company, but this shall not prevent this company collecting by suit or otherwise the premium note above described. Nor shall such attempt,…
1Opinion of the CourtMaxwell, J.
This action was brought by Lansing against the insurance company to recover for the loss of property owned by him, which was insured by said company. It is alleged in the petition that the loss occurred on the 6th of October, 1880. The company in its answer admits making the policy of insurance upon the property in question, but alleges that at the time of making the policy said Lansing as the sole consideration therefor gave the company his promissory note for the sum of $9.80, due on the 1st day of May, 1880, with interest at ten per cent; that he did not pay said note when it became due,…
2Cited by15 opinions
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