Burns v. Bankers' Life Co.

WEST, District Judge.

The ease is submitted upon an agreed stipulation as to the governing facts. This memoranda will not contain the exact words of the stipulation, except to insure clarity. .

Plaintiff contends that the lapse or fori feiture of the policy was caused by the failure of the insured to pay premium, due September 25, 1924. Defendant contends that the maturity date of this same premi*715um was November 25, 1923. The insured died April 13, 1925. On that date the annual premium due on November 25, 1923, was, and still is, unpaid. If the forfeiture occurred on that date, the then cash…