Howland v. Continental Life Insurance
Massachusetts Supreme Judicial Court
Contract to recover back premiums paid to the defendant on a policy of life insurance dated December 26, 1867. Writ dated December 21, 1874. Trial in the Superior Court, before Rockwell, J., who reported the case for the consideration of this court, in substance as follows : By the terms of the policy, the plaintiff was to pay an annual premium of $119.14, on or before December 26, in each year, or within thirty days after each payment should become due and payable, and, if…
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Contract to recover back premiums paid to the defendant on a policy of life insurance dated December 26, 1867. Writ dated December 21, 1874. Trial in the Superior Court, before Rockwell, J., who reported the case for the consideration of this court, in substance as follows : By the terms of the policy, the plaintiff was to pay an annual premium of $119.14, on or before December 26, in each year, or within thirty days after each payment should become due and payable, and, if not so paid, the policy was to be void. The plaintiff had duly paid all the premiums stipulated for in the policy, up to…
1Opinion of the CourtMorton, J.
The plaintiff can recover only upon the ground that the defendant has rescinded its contract with him. It appeared at the trial that an annual premium was due and payable by the plaintiff on January 25,1874, which was Sunday; that on the Monday following he tendered payment of the same to the defendant’s agent, who refused to receive it, “ saying that the time for payment was passed, that the policy was void and of no effect on that account, and was forfeited, and that the plaintiff was not then insured under the same.” The plaintiff thereupon went away, and gave no notice to the defendant…
2Cited by6 opinions
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- Indiana Life Endowment Co. v. CarnithanIndiana Court of Appeals · 1915
- Arndt v. . Insurance Co.Supreme Court of North Carolina · 1918
- Wilmot v. Charter Oak Life InsuranceSupreme Court of Connecticut · 1878
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