Peak v. Mutual Benefit Life Insurance

Opinion op ti-ie Court by

Judge Turner

Reversing.

On the 12th of April, 1905, the appellee entered into a contract of insurance with Edward C. Martin whereby it insured his life for the sum of $5,000, he to pay twenty annual premiums of $201.90, each, one on that day and one on each 12th of April thereafter, and it was provided that upon the failure to pay any such premium when due the policy should become null and void subject to the non-forfeiture provisions therein.

Martin paid the first premium in cash, and the next two all in cash except the dividends to 'which he was entitled, which were…