Union Cent. Life Ins. Co. v. Moreland
| Decision Date | 01 May 1900 |
| Citation | 56 S.W. 653 |
| Parties | UNION CENT. LIFE INS. CO. v. MORELAND. [1] |
| Court | Kentucky Court of Appeals |
Appeal from circuit court, Scott county.
"Not to be officially reported."
Action by Carrie Moreland against the Union Central Life Insurance Company on a policy of life insurance. Judgment for plaintiff, and defendant appeals. Affirmed.
Robt. Ramsey, H. P. Montgomery, and Maxwell & Ramsey, for appellant.
Jas. F. Askew and Owens & Finnell, for appellee.
On a former appeal of this case (46 S.W. 516) it was held that if the company, as charged in the plaintiff's reply, retained the note for the unearned premiums after its maturity, and insisted on its payment in full, it waived the forfeiture provided for in the policy. On a return of the case, these issues of fact were made by the company's rejoinder to the reply of the plaintiff. The proof conduced to sustain the averment of the reply. Confessedly, the company retained the note, and in sending it to its attorney for collection treated it as a subsisting obligation,--a fact consistent only with an intention to waive the forfeiture of the policy. We cannot agree with counsel that this act of retention, and the effort to collect the note, were the acts of an unauthorized individual, rather than the acts of the company. The proof is otherwise. We think the trial proceeded in accordance with the principles announced on the former appeal, and the judgment must be affirmed.
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Notes:
[1] Reported by Edward W. Hines, Esq., of the Frankfort bar, and formerly state reporter.
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