Page:Federal Reporter, 1st Series, Volume 5.djvu/443

 GARDNEE V. UNION CENTRAL LIFE IKB. CO. 431 �The case was submiited to the court on an agreed state- ment of facts. From ttiat it appeared that hb interest hàd been paid after the paid-up policy was issued. The other facts appear in the opinion. �L. H. Swormstedt, for plaintiff. �Matthews, Ramsey e Matthews, for defendant. �Swing, D. J. This is an action brongHt by the plaintiff upon a policy of insurance issued by the ' defendant to the plaintiff on the thirtieth day of December, A. D. 18i2. The policy says that "this policy of insurance witnesses that the Union Central Life Insurance Company, in consideration of the surrender of Cincinnati Mutual policy 1789, the repre- sentations made to them in the application for this policy, and the sum of $1,598.70 to them in hand paid by Catherine, wife of Thomas J. G-ardner, on policy No. 1789, paid on the non-forfeiture plan, and which policy and dividends are this day surrenderôd, and by agreement thereqn replaced by this present policy, and of the annuàl interest of $24.18 to be paid on or before the twenty-eighth day of Octôber in every" year during the continuanee of this policy, aiid of ail loans outstanding upon this policy, do insure the life of Thomas J. Gardner in the amount of $1,500, without participation in profits, for the term of seven years, ending on the twenty- eighth day of October, 1879." - i ■- �The policy contains a clause that it is issued and accepted upon thô^ express conditions contained upon "the back of the policy. The third of said conditions is thàt 'the {jremiums should be paid on or before the dajr upon w'hich they beeatne due at the office of said company in Cincinnati, or to their duly authorized agents, when they produce receipts si^ed by the president, vice-president, or secretary. ' Ahd'the ërghth condition provides that in case of the violation of the fore- going condition, or any of them, * * * this policy should become void; and the riinth condition is that shoilld this policy become nuU and void by reason oFtheviblation of the foregoing conditiohs, or any of therià, ail payments toade thereon shall be foirfeited to said company. On the back of said policy is printed; "Loans On policy N6.," ànd in figures ����