Mutual Life Ins. Co. Of New York v. Weigel

*657HUXMAN, Circuit Judge.

Appellee, Mary Weigel, brought this action to recover on an insurance policy issued to her deceased husband. The defense to the action was that the policy had lapsed for nonpayment of premiurft.

The facts are not in dispute and are substantially these. The policy, as issued, provided for payment of an annual premium on September 20th of each year. It recited that the annual premium for the year, ending September 20, 1946,‘ had been paid. It contained the usual provision for a thirty-one day grace period for the payment of each premium subsequent to the first. It provided…