Life Insurance Clearing Co. v. Altschuler

An opinion heretofore filed in this case will be found reported in 53 Neb. 481. On the application of the defendant a rehearing was allowed and the cause again submitted on printed briefs and oral arguments.

The principal reason urged for a reversal of the judgment is that the contract of insurance was never in force. Printed in red ink on the face of the policy appears the following condition precedent:

“This policy shall not take effect until the first premium shall have been paid to the company or to some person authorized by the company to receive it while the said insured is in good health…