Thompson v. Knickerbocker Life Ins. Co.
U.S. Circuit Court for the District of Southern Alabama
Action at law. Heard on demurrer to'replications. This suit was brought upon a.policy of insurance, dated January 24, 1870, whereby the Knickerbocker Life Insurance Company, in consideration of the sum of $410 paid in hand by Ruth E. Thompson, and a like sum to be paid by her on or before the 24th of January, in every year, during the continuance of the policy, did insure the life of John X. Thompson, in the sum of $5,000, for the benefit of said Ruth E. Thompson, his wife.
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Action at law. Heard on demurrer to'replications. This suit was brought upon a.policy of insurance, dated January 24, 1870, whereby the Knickerbocker Life Insurance Company, in consideration of the sum of $410 paid in hand by Ruth E. Thompson, and a like sum to be paid by her on or before the 24th of January, in every year, during the continuance of the policy, did insure the life of John X. Thompson, in the sum of $5,000, for the benefit of said Ruth E. Thompson, his wife. The complaint averred the death of John X. Thompson, on November 3, 1S74, while the policy was in force, that proof of…
1Opinion of the Court
WOODS, Circuit Judge.
The first replication presents the question whether tue payment of the premium note was a condition precedent to the continuance of the policy. If no time had been given for the payment of the premium there could be no question that its payment for a year in advance was a condition precedent to the continuance of the policy for that year. The terms of the policy as set out in the pleas make this perfectly clear. Does the taking of a note for a portion of the premium change this rule and make the payment of the note a condition subsequent? That, it seems to me, depends on…
2Cases cited12 opinions
- Thompson v. Insurance Co.Supreme Court of the United States · 1881
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
- Pitt v. Berkshire Life InsuranceMassachusetts Supreme Judicial Court · 1868
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3Cited by2 opinions
- Briggs v. National Life Ins.District Court, D. Massachusetts · 1882
- Pendleton v. Knickerbocker Life Ins.United States Circuit Court · 1881