...We conclude that it was erroneous upon three grounds. 1. The policies, all alike, contained a clause that "no obligation is assumed by the company prior...said date the insured is alive and in sound health;" and it appeared without dispute that on the respective dates of the policies the insured was not in...

...amounting to a total sum of $2.80. The provisions of the policy material to this inquiry are the following: "No obligation is assumed by the company prior to...said date the insured is alive and in sound health. * * * This policy is void if the insured before its date * * * has been attended by a physician for...

...incompetent. Each policy had this condition: "Provided however that no obligation is assumed by this company prior to the date hereof, nor unless on said date the insured is alive and in sound health." In view of this condition the defendant company introduced Dr. Crooks as a witness, and the record...

...in the defendant company. The policy contained a provision, "That no obligation is assumed by this company prior to the date hereof, nor unless on said date the insured is alive and in sound health." There was evidence that the insured, before the taking out of the policy, in December, 1891, had been...

...inheritance from the father, and the cause of the heart disease. The policy contained the following: "Provided, however, that no obligation is assumed...said date the insured is alive, and in sound health." The application contained a like provision. The policy also contained the following: "This policy is...

...We conclude that It was erroneous, upon two grounds. 1. The policies, all alike, contained a clause that "no obligation Is assumed by the company prior...said date the Insured Is alive and in sound health"; and It appeared without dispute that on the respective dates of the policies the insured was not in...

...Life Insurance Co., 1 Misc. Rep. 374, 21 NY Supp. 456, the policy contained the following provisions: "No obligation is assumed by the company prior to the date hereof, nor, unless upon said date, the assured is alive and is in sound health." It appeared that for upwards of three...

...the complaint and set up the following defenses : That there is a clause in the policy which provides "No obligation is assumed by the company prior to...said date the insured is alive and in sound health." That the policy was dated September 4, 1916, and on that day the insured was not in sound health. The...

...(which is one issued upon the payment of a weekly premium of 15 cents) contains the following clause : "Provided, however, that no obligation is assumed by the company prior to the date thereof, nor unless on said date the insured is alive and in sound health." The learned judge below,...

...attendance upon the deceased, and the coroner's inquest, testimony and verdict, if any inquest be held. No obligation is assumed by the company prior to the date hereof, nor unless, upon said date, the insured is alive and in sound health. Schedule (above referred to). Number of policy...