68 Iowa 453 | Iowa | 1886
I. The agreed statement of facts upon which the case was tried is in the following language: “(1) The plaintiff was the wife of Henry L. Carpenter at the date of his death. (2) On the twenty-second day of May, 1883, the defendant association issued the policy declared upon, insuring the life of Henry L. Carpenter. (3) The insured, in his life-time, had not been liable to pay any assessments or dues, except the $5 dues which fell due December 1,1883. (4) The plaintiff had no knowledge of the condition of said insurance, or that the dues became delinquent December 1, 1883, until after the burial of the insured, December 9, 1883. (5) In the fall of 1883 the said Henry L. Carpenter was .taken sick, and on the twelfth day of November, 1883, he went to bed with typhoid fever, and after the seventeenth or eighteenth of November, 1883, he had no conscious understanding of anything whatever, because of his delirious con dition. (6) The life insured expired on the eight day of
II. Counsel for plaintiff insists that the obligation of the assured to pay the assessment was a condition subsequent, the non-performance of which was excused by the unconsciousness and delirium of the assured, which is to be regarded as the act of God. It is urged by the counsel that, as it became impossible for the assured to pay his insurance by reason of the visitation of God, the policy did not become forfeited.
III. It is a familiar rule that, when the performance of a contract becomes impossible by the act of God, the obligor is excused, and his rights under the contract are not for
IV. Counsel for the plaintiff cite many eases wherein it is held that the non-performance of contracts may be excused by the act of God, rendering performance impossible, but their facts distinguish them from the case at bar.
It is our opinion that the judgment of the circuit court ought to be
Affirmed.