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Insurance Company v. Dutcher, 95 U.S. 269 (1877)

Insurance Company v. Dutcher

95 U.S. 269


The court holds that the assured, having elected to discontinue the payment of premiums, is entitled to a paid-up policy pro tanto, without paying her note to the company for part premiums, but that the note will be a lien on such policy, and, with interest, less the accruing dividends of profits, must, when the policy becomes payable, be deducted from the amount thereof.

This was a bill in equity filed by Clinton O. Dutcher and wife against the Brooklyn Insurance Company of New York, claiming that Mrs. Dutcher, under her contract with the company, and by reason of her payment of certain annual premiums, was entitled to a paid-up policy of insurance upon the life of her husband for $4,000 and praying for a specific performance. A decree was rendered for the complainants, and the company appealed here.

The facts are stated in the opinion of the Court.

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