New York Life Insurance v. Barton

On January 10,1928, the New York Life Insurance Company issued to Charles F. Barton its policy for $1,000 with provisions for double indemnity in case of death from bacterial infection in consequence of accidental and external bodily injury. The named beneficiary, Elston Y. Barton, wife of the insured, is plaintiff here.

From the policy it appears that there was a premium payment in advance of $10.41. Afterwards payments were to be made semi-annually in the sum of $20.41, beginning on April 4, 1928.

The semi-annual premium due on April 4, 1930, was not paid. On May 28, 1930, the insured was…