Kelly

The insurance company appeals from a judgment for $7,440, with interest, amounting in all to $8,020, against it under an accident insurance policy providing for death benefits in favor of the widow of Luke Kelly, the assured. The form of the policy is unusual. It is described as a “Five Year Term” policy. It was accompanied by a collateral agreement, in effect a non-negotiable note, by which the assured obligated himself to pay a premium of three hundred dollars for five years’ insurance, in five annual installments of sixty dollars each, the first installment being payable at the júme of the application for the insurance, and each of the other installments annually in advance of the last four successive years of the term. It provided for interest on past due installments at the rate of six per cent per annum and for a reasonable attorney fee in the event of suit. The first installment of sixty dollars was paid, and the second installment became due October 4, 1916. The assured died December 17, 1916, as a result of accidental injuries within the meaning of the policy. At that time the second installment of the note had not been paid. The insurance was for seven thousand five…