Kroener v. Mutual Life Ins.

AESCHURER, Circuit Judge.

Plaintiffs sued the insurance company on a life policy for-$5,000 issued in 1866, alleging in the complaint that for nine years the- specified annual premium of $99.45 was paid on maturity; that the company, claiming that the insured had violated certain conditions of the contract, then gave notice of its cancellation of. the-policy; but that thereafter on each annual premium date, until the death of the insured in 1921, there was offered to the company the specified premium due each year, which the company declined‘to receive, on the ground th^t the policy was no…