Osborne

This action is upon a life insurance policy for five thousand dollars, issued by the defendant, a Hew York company, in Hew York, October 4, 1888, insuring the life of the husband of the plaintiff, Elihu C. Osborne, for five thousand dollars, made payable to the plaintiff. The policy called for the payment of an annual premium of one hundred and seventy-four dollars and seventy cents. On issuing the policy this sum was paid, and the first and second annual payments of the same amount were made. The complaint sets out the policy and also incorporates the nonforfeiture law of the state of Hew York, and alleges that the defendant never served upon the said Elihu C. Osborne, the insured, the notice required by said law, and also alleges the death of the insured January 21, 1895, and that subsequent thereto the defendant company expressly disclaimed and denied any'and all liability under and by virtue of said policy, arising from the death of said Elihu C. Osborne, on the ground that the third annual premium called for by said policy had not been paid. The answer does not deny that notice was not given, *612 in pursuance of said law, to the insured, nor does it allege that notice was…