Page:Federal Reporter, 1st Series, Volume 5.djvu/595

 SMITH V. MUT. LIFE INS. CO. OF N. Y. 583 �through the agent of the eompany in Springfield, •.nd was by him tranamitted to the oiiice of the eompany in New York. The policy was made and executed in New York, and was sent by mail to the agent in Sprjngfield, and thero delivered by him to the assured. The policy provides for the payment of an annual premium by the assured, on or before the eight- eenth of May in every year, during its continuance, and oon- tains the provision that if the premiums shall not be paid on or before the days mentioned for the payment thereof, at the office of the eompany in the city of New York, (unleas other- wise expressly agreed in writing,) or to agents when they produce receipts signed by the president, vice-president, sec- retary, assistant secretary, or cashier, then, in any such case, the eompany shall not be liable for the payment of the Bum assured, or any part thereof, and the policy ehall ccase and determine, and in every case when the policy shall cease and determine, or become null and void, ail payments shall be forfeited tô the eompany. The premiuras whioh became due prier to May 18, 1876, were duly paid, but those which became due on that day and on May 18, 1877, were never paid. Arthur E. Smith died July 24, 1877. The value of the policy on May 18, 1876, was sufficient to bave continued it in force if the Massachusetts Statute, 1861, c. 186, is appli- cable. The only question in the case ia whether that statute, commonly called the non- forfaiture law, is made applicable to this policy by force of St. 1872, e. 325. If it is, judgment is to be for theplaintiff for an amount agreed; if not, judgment is to be for the defendant. �This question has already been before this court in several cases, and in each instance it has been decided adversely to the plaintiff. The case of Desmazes v. Mutual Benefit Life Ins. Go.l Ins. Law Jour. 926, and the case of Shattxick v. Mutual Life. Ins. Co. of New York, 7 Ins. Law Jour. 637, were decided by Mr. Justice Clifford in 1878. They were both suits upon policies of insurance issued by foreign companies doing business in Massachusetts, under the laws thereof, to citizens of Massachusetts- In elaborate and exhaustive judg- ments it was decided by the learned justice that the policies ����