Methvin
Methvin v. Fidelity Mutual Life Ass'n
Opinion
Lead Opinion
Van Dyke, J.
The defendant appeals from the judgment and from the order denying a new trial.
In support of its appeal it is contended on behalf of the appellant: 1. That some of the material findings of fact are unsupported by the evidence; 2. That the court erred in deducing erroneous conclusions from the facts found. The action is based upon a policy of life insurance. The policy recites that the said company, in consideration of the application and the payment of a premium of twenty-four dollars and ninety-six cents “on or before the thirtieth day of July, October, January, and April in every year, for the period of twenty years from the date hereof, does hereby receive Theodule Robert of Los Angeles, county of Los Angeles, state of California, as a member of said association, and issues this policy of insurance, and hereby promises to pay the sum of three thousand dollars to his wife, Ida Robert;'.... provided, any moneys required to be paid under this policy during the continuance of this contract must be actually paid when due to the said association, and no dues or premiums on this policy shall be considered paid unless a receipt shall be given therefor, signed by the president and…