Insurance Company v. Young Administrator
Citation | 90 U.S. 85,23 L.Ed. 152,23 Wall. 85 |
Parties | INSURANCE COMPANY v. YOUNG'S ADMINISTRATOR |
Decision Date | 01 October 1874 |
Court | United States Supreme Court |
'F. S. WINSTON.
'President.'
On the 8th of August, 1867, that is to say, six days after the policy was received by the agent, Homans, he wrote to Young, addressing him at Vallejo, California, as follows:
'SAN FRANCISCO, August 8th, 1867.
'McPHERSON YOUNG, ESQ.,
'Vallejo, California.
'General Agent.'
The case, as found, continued:
Young was shot at Vallejo on the 21st of August, 1867;1 and removed on the next day to an hospital in San Francisco, where he died on the 20th of September following; having, from the time that he was shot, been physically and mentally unable to attend to any business. After his death, the agent wrote 'Cancel; dead,' on the policy, and sent it with the two receipts of April 6th and July 6th for premium, attached to the policy and uncancelled, and the note for $99.30 which Young had given to the agent June 5th, 1867, to the office in New York, where the officers, on the 21st of October, cancelled the policy by tearing off the seal and cutting out the name of the president. The note for the $99.30 remained in the company's hands unpaid, but was never surrendered or offered to be surrendered to Young. The word 'cancelled' was written across its face in lead, but by whom did not appear. No subsequent premium was ever demanded by the company or paid.
Administration having been granted on the estate of Young, the administrator sued the company.
The declaration alleged that on the 5th of June, A. D. 1867, the company caused to be made a policy of assurance, purporting that, in the consideration of $99.30, then paid, being the first quarterly annual premium for the sum of $5000 of the life of McPherson Young, payable at forty-five or death, and his promise and undertaking to continue to pay thereafter to the said company, the defendant, like quarterly payments of $99.30 during the term of ten years thereafter, if he should so long live, they did assure, and agree, to and with the said McPherson, that they would pay unto him, upon his attaining the age of forty-five years, or to his executors, administrators, or assigns, in case he should die before attaining that age, the sum of $5000. And that the said McPherson, in all things, performed the agreement, and all the conditions and promises which by the terms of the said policy were by him to be performed.
The defendant pleaded the general issue, and also two special pleas:
1st. That the policy was issued and delivered to the deceased on the 6th of April, 1867; that the premium therein agreed to be paid was not paid, and had...
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