National Equity Life Ins. Co. v. Parker

1 Citing case

  1. National Equity Life Ins. Co. v. Parker

    80 S.W.2d 630 (Ark. 1935)   Cited 1 times

    SMITH, J. As appears from the facts stated in the opinion on a former appeal in this case (National Equity Life Insurance Co. v. Parker, 188 Ark. 1041, 69 S.W.2d 280), this is a suit upon a life insurance policy which contained the recital that: "This policy is issued in consideration of the application hereof, a copy of which is attached hereto and made part hereof, and of the payment in advance of seventy-six and 08/100 dollars, being the premium for one year's term insurance from the date hereof and the advance reserve required by law, and the further payment of a like amount on or before the first day of July in every year thereafter during the continuance of this policy." The plaintiff recovered a judgment, which was reversed upon the appeal for the refusal to give, at appellant's request, an instruction numbered 4, reading as follows: "You are instructed that, if you believe from the evidence in this case that the only premium paid by Joseph W. Parker was the monthly premium of $8.70 paid at or before the time of the delivery of the policy, then said policy lapsed at the end of the thirty-one days' grace period on September 1, 1931, and you