6 Ga. App. 285 | Ga. Ct. App. | 1909
On October 25, 1904, a policy of insurance was issued by the Illinois Life Insurance Company upon the life of Wright Douglas McKay, in the sum of $1,000, payable to his wife, Ida McKay, immediately upon receipt and approval of proofs of the death of the insured, provided the policjr was in force at the time of the death of the insured. The policy was in the usual form. The consideration for its issue was the payment to the insurance company of the quarterly premiums on the 21st days of October, January, April, and July of each year. The policy contained the following provision: "All premiums hereon are due and payable in advance at the home office of the company in Chicago, Ill., but may be paid to the agents of the company in advance, in exchange for the company’s official receipt signed by the President or Secretarjq and countersigned by the agent. . . Failure to pay any premium (or premium note or interest thereon), when due, will void this policy and forfeit all premiums paid thereon to the company, except as may be elsewhere herein otherwise provided.” The policy also provided for a grace of one month in the payment of all premiums, subject to an interest charge at the rate of 5% per annum. The insured died on the 31st of October, 1907, and proofs of death were duly furnished to the company. Payment was refused, and the widow brought suit against the company for the principal amount of the policy, be
The defense relied upon was that the insured had failed to comply with the condition of the policy, in not paying the premium due to the company on April 21, 1907, on the date when due, or before the expiration of the 30 days of grace allowed by the policy for such payment, and that therefore the policy was forfeited by its express terms. On the question of the payment of premiums on the policy, the following is the undisputed evidence: The insured paid all the premiums at or before the time when they were due, until the premium due April 21, 1907 (with the 30 days of grace, due May 21, 1907). On March 20, 1907, the company, through its home office at Chicago, Ill., sent notice to the insured notifying him that his premium would be due on April 21, 1907, and enclosed in the envelope containing the notice was a return envelope addressed to the company at Chicago, Ill., for a remittance of the premium. On April 26, 1907, the premium not having been received by the company, it again wrote to the insured, and notified him that his premium due on April 21, 1907, was past due, but that the policy would remain in force for one month from the due date of the premium, subject to interest charged at the rate of 5% per annum, and that during such time the premium could be paid without his being required to furnish evidence of good health. On May 20, 1907, a letter was deposited in the post-office at Americus, Ga., addressed to the Illinois Life Insurance Co., Chicago, Ill., containing a check for $11.76, the amount of the premium due, without interest thereon. The letter containing the check was mailed at Americus, Ga., one thousand miles from Chicago, at 4.30 p. m. on May 20, 1907. The letter containing the premium was received by the company by due course of mail on May 22, 1907, one day after it was due, according to its terms. On May 24,1907, the company wrote to the insured, acknowledging
The verdict was directed by the court on the ground that the deposit of the letter containing the check in payment of the premium due April 21, 1907 (with 30 daj's grace, due May 21, 1907), in the post-office at Americus, Ga., on May 20, 1907, at 4.30 p. m., was a payment then and there to the company, and consequently