Union Central Life Insurance v. Zihlman

POEEENBARGER, JUDGE:

Tn an action of assumpsit, upon a prommissory note for $900.00, given for part of the first annual premium on a life insurance policy, the defendant relied upon total failure of consideration, consequent upon alleged annulment of the policy, by reason of his non-payment of the note. This defense is *273based upon provisions of the policy and the note, saying the former should become null and void, in the event of non-payment of the latter at maturity. Another was alleged partial failure of consideration, which entitled the defendant to be relieved of the payment of a large…