Henry v. Railway Mail Mut. Ben. Ass'n

Recovery is here sought on a policy of insurance on the life of Walter S. Henry, issued by appellee. Appellant, the beneficiary named in the policy, sues for the face amount of the policy, the statutory penalty, and a reasonable attorney's fee. The trial court, in a trial without a jury, denied a recovery. Plaintiff has appealed.

The only question presented on the appeal is whether the policy had lapsed for non-payment of a premium at the time of the insured's death. It is undisputed that a premium was due on August 8, 1941. The insured died on August 23, 1941. Except for a question of waiver…