115 N.Y.S. 109 | N.Y. App. Term. | 1909
The plaintiff brought this action to recover the face value, with interest, of a certain policy of insurance issued by the defendant on April 10, 1905, upon the life of plaintiff’s intestate, alleging in her complaint the issuance of the policy and compliance with its conditions. The answer, among other things, admits issuance of the policy, but denies performance of its conditions, and alleges that the premium due April 10, 1908, the death of the assured occurring on the 7th day of June, 1908, was not paid and that the notice required by law was duly given to the assured. “ It is an essential prerequisite for a life insurance company, which seeks to declare forfeited a policy issued by it, to establish that the notice required by this statute (Insurance Law,
Gildersleeve and Dayton, JJ., concur.
Judgment affirmed, with costs.