Legal Opinion

Johnson v. Southern Mutual Life Insurance

Court of Appeals of Kentucky

Decided June 9, 1881PublishedCited by 17 opinions

Case 83 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. We insist that appellee cannot forfeit |600 by reason of the failure to demand a paid-up policy within thirty days after the note for $107 was due. It cannot enforce a forfeiture for failing to pay the note and still retain it as its property. 2. The demand for a paid-up policy was made in a reasonable time. (Montgomery v. Phoenix Mut. Ins.

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Case 83 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. We insist that appellee cannot forfeit |600 by reason of the failure to demand a paid-up policy within thirty days after the note for $107 was due. It cannot enforce a forfeiture for failing to pay the note and still retain it as its property. 2. The demand for a paid-up policy was made in a reasonable time. (Montgomery v. Phoenix Mut. Ins. Co., 10 Bush, 64; 9 Dana, 151.) ■3. The failure to pay the note at maturity did not render the note or policy void. (2 Parsons on Cont., 677; 33 E. C., 38; Chitty on Cont., 1092.) 1. The assured…

1Opinion of the Court

JUDGE HARGIS

delivered the opinion of the court.

October 21, 1869, Jilson P. Johnson’s life was assured by the appellee, the Southern Mutual Life Insurance Company, in the amount of four thousand dollars, to be paid to his wife, if she should survive him, within ninety days after notice an.d evidence of his death, ‘ ‘ deducting therefrom the-amount of all unpaid notes given for premiums or loans on this policy, and all deferred premiums. ”

The consideration for the policy was $129.88, in hand paid, at its issuance, and of the annual premium of a like-sum, to be paid on or before the 21st day of…

2Cases cited1 opinion

  1. Montgomery v. Phoenix Mutual Life InsuranceCourt of Appeals of Kentucky · 1878

3Cited by17 opinions

  1. Union Central Life Ins. v. SpinksCourt of Appeals of Kentucky · 1904
  2. Fidelity Mut. Life Ins. v. PriceCourt of Appeals of Kentucky · 1903
  3. Galliher v. State Mutual Life Ins.Supreme Court of Alabama · 1907
  4. Metropolitan Safety Fund Accident Ass'n v. WindoverIllinois Supreme Court · 1891
  5. New York Life Insurance v. EvansCourt of Appeals of Kentucky · 1910

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