Shumaker v. Security Life & Annuity Co.

U.S. Circuit Court for the District of Eastern Pennsylvania

Shumaker v. Security Life & Annuity Co.

153 F. 332, 1907 U.S. App. LEXIS 5096

CourtU.S. Circuit Court for the District of Eastern Pennsylvania

DecidedMay 10, 1907

DocketNo. 48

StatusPublished

This text of 153 F. 332 (Shumaker v. Security Life & Annuity Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shumaker v. Security Life & Annuity Co., 153 F. 332, 1907 U.S. App. LEXIS 5096 (circtedpa 1907).

Pincite

Opinion

BUFFINGTON, Circuit Judge.

After argument and due consideration, we are of opinion the affidavits of defense disclose a good defense. The premium due at the expiration of the second year, viz., October 12, 1905, was not paid and the two prior premiums were not [335]*335paid in cash. Therefore, by the terms of the policy, no right to a cash loan on the policy or to an automatic nonforfeiture of the policy existed when the insured defaulted on the premium due October 12, 1905.

The rule for judgment is therefore discharged.

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BUFFINGTON, Circuit Judge.

After argument and due consideration, we are of opinion the affidavits of defense disclose a good defense. The premium due at the expiration of the second year, viz., October 12, 1905, was not paid and the two prior premiums were not [335]*335paid in cash. Therefore, by the terms of the policy, no right to a cash loan on the policy or to an automatic nonforfeiture of the policy existed when the insured defaulted on the premium due October 12, 1905.

The rule for judgment is therefore discharged.

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Bluebook (online)

153 F. 332, 1907 U.S. App. LEXIS 5096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shumaker-v-security-life-annuity-co-circtedpa-1907.