176 N.E. 455 | Ohio | 1931
The proviso in the policy stipulated that it was issued in consideration of a definite premium and of the payment of a like premium annually on the 17th day of August in every year during the lifetime of the insured. The policy also contained a proviso for its lapse in case of the nonpayment of subsequent premiums within a period of thirty-one days grace after they became due and payable.
In the case of Union Mutual Life Ins. Co. v. McMillen,
Counsel for both sides have cited voluminous authorities in support of their respective contentions. We think, both upon reason and authority, that, so long as such contracts are unattacked because of mistake or fraud, they should be upheld, if clear and unambiguous.
The judgments of the lower courts will be affirmed.
Judgment affirmed.
MARSHALL, C.J., JONES, MATTHIAS, DAY, KINKADE and ROBINSON, JJ., concur.
ALLEN, J., not participating.