Citation Numbers: 99 A.D. 23, 90 N.Y.S. 757
Judges: Smith
Filed Date: 7/1/1904
Status: Precedential
Modified Date: 1/13/2023
The action is brought to recover upon two policies of life insurance issued by the defendant upon the life of Jennie E. Doney, the
The trial court was in error in holding that the policies had lapsed upon the fifth day of November. The premiums due upon the first day of October were fully paid. No premium was then due until the eighth day of October. That premium could be paid at any time upon that day. Permission to pay that premium at any time before the same was four weeks in arrears is clearly given by the contract. The moneys due upon the eighth day of October had not been four weeks in arrears until the close of the fifth day of November, and the plaintiff, the husband of the deceased, had the right, therefore, to pay the premiums upon that day, thereby continuing the policies in force. The claimed forfeiture excuses the payment or tender of further premiums which may be deducted from the amount found due from the face of the policy. (Meyer v. Knickerbocker Life Ins. Co., 73 N. Y. 516, 528; Denison v. Masons' Accident Association, 59 App. Div. 299.)
All concurred.
Judgment and order reversed and new trial granted, with costs to appellant to abide event.