Northey

Northey v. Bankers' Life Ass'n

Good Law
110 Cal. 547·1895 Cal. LEXIS 1095·42 P. 1079
Supreme Court of CaliforniaDecember 23, 1895No. 15983California1,512 words

Opinion

Lead Opinion

Belcher, J.

On July 29,1892, a certificate of membership in the defendant corporation was issued to Frank T. Northey, providing that in the event of his death, during his membership, his wife, Charlotte Northey, who was named in the certificate as beneficiary, should receive the sum of two thousand dollats, and the return of a portion of the guarantee fund, amounting to thirty-one dollars.

The certificate also provided that “ upon the failure of the above-named member to make any payment due from him to the association at its maturity, in January, April, July, or October, of each year, his guarantee deposit shall be forfeited, and his membership shall thereupon cease.”

Certain payments became due from Northey to the association in the months of July and October, 1892, and January, 1893, and were made at their respective dates of maturity in said months. Upon or about April 1, 1893, Northey received from the defendant a written notice that an assessment of three dollars and ten cents had been levied against him, and that the said sum must be paid during the month of April, 1893. Upon April 28th Northey was shot, and mortally wounded, and upon May 1st he died. The last day of April fell upon…

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