Johnson v. Southern Mutual Life Insurance
Court of Appeals of Kentucky
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.
Read the full summary
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
- Montgomery v. Phoenix Mutual Life InsuranceCourt of Appeals of Kentucky · 1878
3Cited by17 opinions
- Union Central Life Ins. v. SpinksCourt of Appeals of Kentucky · 1904
- Fidelity Mut. Life Ins. v. PriceCourt of Appeals of Kentucky · 1903
- Galliher v. State Mutual Life Ins.Supreme Court of Alabama · 1907
- Metropolitan Safety Fund Accident Ass'n v. WindoverIllinois Supreme Court · 1891
- New York Life Insurance v. EvansCourt of Appeals of Kentucky · 1910
12 more not listed; retrieve them via the Exa API.