Ross v. New York Life Ins.

BRYAN, Circuit Judge.

This is an action on a life insurance policy. The defense, that the policy lapsed for the nonpayment of premiums, was upheld by the district judge, who at the close of the evidence directed a verdict in favor of the insurance company. The beneficiary, who was plaintiff below, appeals and contends here that the failure to pay a premium, on account of which the policy lapsed, was waived by the insurance company.

The policy was issued December 11, 1928; the premiums were payable quarterly. The premium payable December 11, 3929, was not paid; nor was any premium subsequently…