57 Iowa 203 | Iowa | 1881
I. The policy sued upon contains the following condition: “That no insurance, whether original or continued, shall be binding until the actual payment of the premium, either in cash or note given therefor. When a note or notes has been received, in whole or in part, for the premium named in this policy, or any renewal of the same, and the assured or his assigns fail to pay the same, or any installment, or any part thereof, at the time or times specified in said note, such failure shall immediately terminate all liability of this company under this policy. And the company shall not in any case be liable for any loss or -damage that may occur at a time when any such note or notes, or any installment therein, or any part thereof, shall be overdue and# unpaid. If such note or notes, or installment, is voluntarily paid within sixty days after maturity and before suit is brought, then the policy will come in force again at the date of such payment (provided that the company will not be liable for any loss or damage that may occur while such note or notes were thus overdue and unpaid), but if said note or notes, or any installment are
The plaintiff testified as follows: “ Mr. II. H. Clark came to my house and wanted to insure it, and he offered to insure it and take my note for one year. This was on the 1th day of May, 1818, and after talking some time I agreed to insure the house with him. He said they always wmote their, notes payable on the first day of some month, and he should write the notes payable the first day of June, 1819. A few days before that I was in town and lost my spectacles, and Mr. Clark read the note to me, and he read it due the first day of June, and I did not notice it; didn’t think there was any catch to it, and after he read the notes payable at Des Moines, I asked him how I sh nld pay them, and he said I shouldn’t trouble my head about it; that they would send me a notice before how I should send the money.” Upon cross-examination the witness stated: “I signed the application at home; my wife and son were present when I signed it. My son was nineteen years old last December, and he is present as a witness in this case. My wife has never used spectacles until within a year. She could read writing and printing in April, 1818, without spectacles.”
Mrs. O. W. Hopkins, the wife of plaintiff testified as follows: Mr. Clark, the agent, was to take a note, and the note was written May 1, payable the 1st day of June, 1819. He so read it It was to be made payable the 1st day of June, 1819. That was the talk before the note was executed. Neither of us read the note. Mr. Clark read the note. We put confidence in
Herbert Hopkins testified as follows: “1 am a son of plaintiff. I was at home May 7, 1878, and remember about Mr. Clark, agent of the Hawkeye Insurance Company, being there. Was there when the notes and application were signed, and heard them read to my father, and heard a conversation between the agent and father as to when the $20 note should mature.”
Q. What was said between the parties as to when that note was to mature?
A. The 1st of June, 1879.
Q. How was it read as to the time it matured?
A. First of June, 1879.
Upon cross examination the witness testified as follows:
Q. You could read printing and writing readily at that time?
A. I certainly could.
Q. Did your father ask you to read these notes or either of them?
A. No sir, he did not.
Reversed.