Capehart v. Mutual Benefit Health & Accident Ass'n

Maxwell, Judge :

The trial court sitting in lieu of a jury rendered judgment for defendant. Writ of error was awarded plaintiff. The suit is on a health-accident insurance policy. Four hundred dollars is claimed by plaintiff because of illness necessitating a major surgical operation.

A quarterly premium of $17.00, payable in advance, was due October 1, 1929. On the 22nd of September, 1929, the plaintiff mailed a check from the city of his residence, Welch, West Virginia, drawn on a bank of said city, to the proper representative of the defendant at Huntington, West Virginia, by whom it was…