Gardner v. Universal Life & Accident Ins. Co.

LOONEY, Justice.

This suit was instituted in the Justice Court by the beneficiaries — appellants here —on a life policy for $104, issued in January, 1935, by appellee on the life of Willie D. Walter. The insured was fatally wounded on April 24, 1940, and died three days later. On proper demand therefor, payment was refused by appellee, and the suit successfully defended in the court below, on the ground that the policy had lapsed for failure to pay the stipulated 5⅜⅛ weekly premium prior to the death of the insured.

The case was submitted to a jury, and they found that the last premium paid was…