Equitable Life Assurance Society v. Bischoff

Pur Curiam.

This was a suit at law on a policy of life insurance. After verdict and judgment for the plaintiff and a judgment refusing a new trial, the defendant brought the case to this court. The insurer defended on the ground that the first premium was not paid during the “’‘’good health” of the insured, in accordance with a provision in the application. The answer alleged that, before the suit was filed, the insurer served upon the plaintiff beneficiary a “notice of cancellation,” and tendered the amount of the premium paid, which tender was repeated and made continuing in the answer. The…