Springfield F. & M. Insurance v. McKinnon & Call

Stayton, Associate Justice. —

The policy upon which this action was based was delivered to Golledge, the party insured, on the 10th day of July, 1882, and contained the following clause: “ This insurance may be terminated at any time at the request of the assured, in which case the company shall retain only the customary short rates for the time the policy has been in force; the insurance may also be terminated at the option of the company, on giving notice to-that effect and refunding a ratable proportion of the premium for-the unexpired term of the policy.”

The premium was not paid, it being…