Murray

The plaintiff is the beneficiary named, in an insurance policy upon the life of one Lemuel T. Murray, the policy.being a certificate of membership issued by defendant to said Murray upon accepting him as a member of said Home Benefit Life Association. By the terms of the certificate, the holder was to pay to the defendant six assessments per annum, at stated times and in stated amounts, and it was also provided that no claim was to be made thereunder “ should the *406 member neglect or omit to pay the last assessment that may have been levied on this certificate within thirty days from the date of the notice thereof.” Upon September 1,1886, the assessments which had fallen due on June 1st and August 1st of that year were still unpaid, and the defendant on that day addressed a note to said Murray, calling his attention thereto, with a request that he remit the amount due. At or about the same day it also addressed to him this letter:—

On September 22,18°6, the said Murray, unable from sickness to make the payment in person, sent to the defendant the amount due on assessments for June and August of that year, which the defendant declined to receive, its president saying that he…