Exchange Trust Co. v. Capitol Life Ins. Co. of Colorado

KENNAMER, District Judge.

There was no material conflict in the evidence offered on the trial of this cause. The following facts were established by the evidence: The defendant issued and delivered to J. Coody Johnson, the assured, a life insurance policy, No. 64552, on the 11th day of September, 1925, in the amount of $50,-000, in consideration of a premium of $4,-305.50, in which the estate of the assured was designated as beneficiary. The first annual premium was paid in full. On the due date of the second annual premium Johnson paid to the defendant the sum of $339 in cash, which cash…