Page:Federal Reporter, 1st Series, Volume 5.djvu/252

 240 ï-KOEBAti SEFOHTEB. �grace, three days thereaf ter. The draft was not paid, no pro- test was made, or notice given, exeept by letter of Greene &, Lucas, November 30, 1871. The draft contained the state- ment that it was given for a premium on a policy "which shall be void if this draft is not paid at maturity," and the same condition was also in the policy. The Jury returned a verdict of $15,175 for the plaintiffs. �Hammond, D. J., {oral charge tojury.) By the terms of thia policy the obligation of the company to pay the amount of $10,000 upon the death of Dr. Pendleton ceases upon the fail- ure of the plaintiffs here to comply with a condition in the policy relied on by the defendant company, which is in the foUowing words : "And the omission to pay the said annual premium on or before 12 o'clock noon on the day or days above designated for the payment thereof, or failure to pay at maturity any note, obligation, or indebtedness (otber than the annual cost or loan) for premium or interest hereon, shall then and thereafter cause this policy to be void, without notice to any party or parties interested herein." �It is not necessary, as has been contended by the plaintiffs, that the company should declare a forfeiture or give notice that they claimed the benefit of this condition upon the fail- ure to pay either the premium or any obligation given for it ; the policy is self-forf eiting upon the failure to pay either the premium or any obligation given for it. Nor was the com- piiny bound to return the obligation upon its non-payment, or the part of the premium paid in cash, to give this clause effect.. �By the undisputed facts in this case it appears that on the fourteenth day of July, 1871, when the second premium fell due, Dr. Pendleton gave the Memphis managers a sight draft for $44.50 on Greenwood & Co., of New Orleans, (which was paid in cash,) in part payment of the $364.60 premium due, and for the balance of $325 he gave a draft on the same house, payable three months after date, without grace. Upon ëecuïing these drafts the renewal receipt, acknowledging the payment of the premium, was delivered, and before the year ended Dr. Pendleton, the life assui'ed, died. The draft also ����