Masson

Plaintiff, a minor, brought this action by his guardian to recover the proceeds of a life insurance policy in which he had been designated as beneficiary. The defendant Insurance Company contested payment on the ground that the policy had lapsed because of the failure to pay the premium. Judgment was entered in plaintiff’s favor and defendant appeals.

The following facts are established by the evidence, which is without conflict: Plaintiff’s father, Joseph Lee Masson, applied to the company’s San Francisco agency for a $2,500 “twenty payment” policy, and under date of April 27, 1922, the company at its home office in Boston issued to him a twenty-year “endowment” policy. Upon the arrival of the policy in San Francisco a representative of the company, named Holland, called on Masson to explain the policy and to deliver the same and collect the annual premium thereon. The form of policy issued was acceptable to Masson, but he was unable at that time to pay the annual premium amounting to |124.25; whereupon Holland informed him that under the terms of the policy he could pay the premium quarterly. Masson agreed to do this, and thereupon made a part payment of $20 in cash on the…