Kothe v. Phoenix Mutual Life Insurance

This is an action of contract to recover the cash surrender value of a policy of life insurance issued by the defendant November 8,1921, on the fife of one Theodore N. MacKay. Section 13 of the policy in part is as follows: “At any time after the premiums for two years have been paid the Company will purchase this policy for its cash value on satisfactory release by the insured and assigns and surrender at the Home Office while it is in force, or within the thirty-one days of grace hereinbefore provided.”

The policy was issued apparently by a foreign company. It does not appear from the record…