Clark v. Metropolitan Life Ins. Co.

• Decision Date: 26 November 1895
• Citation: 107 Mich. 160,65 N.W. 1
• Court: Michigan Supreme Court
• Parties: CLARK v. METROPOLITAN LIFE INS. CO.

65 N.W. 1

107 Mich. 160

CLARK v. METROPOLITAN LIFE INS. CO.

Supreme Court of Michigan

November 26, 1895

Error to circuit court, Wayne county; William L. Carpenter, Judge.

Action by Catherine Clark against the Metropolitan Life Insurance Company on life insurance policies. There was a judgment for plaintiff, and defendant brings error. Reversed.

Haugh & Yerkes, for appellant.

George W. Coomer and Atkinson & Atkinson, for appellee.

LONG J.

The plaintiff is the beneficiary in three policies issued by the defendant upon the life of her mother. The premiums were paid weekly, amounting to 25 cents per week, and such payments were kept up until the latter part of December, 1893, when the policies were permitted to lapse. On January 3, 1894 plaintiff made a written application for their revival. These applications were made to the agent of the company at Detroit, and by him forwarded to the main office of the company at New York City, with the plaintiff's lapsed policies. Plaintiff paid no money at the time of making the application for revival, but a few days afterwards came to Detroit from Wyandotte, where she lived, and paid the agent two dollars. She does not claim a receipt was given her for this, but states that she knew at the time that the policies had lapsed. The plaintiff was then asked: "When did you come back to see Mr. Heathcote or any of these people connected with the Metropolitan Life Insurance Company, or did you ever come back? A. Yes; I went once after I paid the two dollars. I don't remember just what day it was. Q. Whom did you see at that time at the office? A. Well, there was a man there. Q. Did you pay him anything? A. I think I paid him fifty cents." Plaintiff further testified that she took no receipt, but that this man in the office put it down in a book, and that this was on the day of her mother's death, January 11, 1894. The book referred to was the one upon which the payments were entered from week to week under these policies, and was left by the plaintiff, at the time the two dollars was paid, with the company's agent at Detroit. The 50 cents is entered upon this book as of January 11, 1894. The book was returned to her, with revival of the policies, on January 29, 1894. The only question which the court submitted to the jury was whether, at the time this 50 cents was paid, it was intended as a revival of the policies; that is, whether the plaintiff paid it, and the defendant received it, in recognition that the policies were revived. ...