David Josiah Brewer

“ It is doubtless an interesting question how far the action of the insured can affect or bind the beneficiaries in a life-insurance policy. If the answer in this case contained simply the allegation in respect to the insured's agreement with the company, we should be compelled to enter into an examination of that question; but it is alleged, not only that the insured and the company agreed to abandon the contract, but also that the beneficiary, his wife, and the plaintiffs, their children, 'failed, neglected, and refused' to pay the premium. ”

“ This case resembles the last three decided, in that it was an action against the insurance company on a policy whose premiums had not been paid for some years before the death of the insured. The policy was issued April 29, 1886, to George Dana Hill for the benefit of his wife, if living at the time of his death, and, if not, for the benefit of their children. The insured paid the first annual premium, but none thereafter. He died on December 4, 1890. ”

“ Mr. Justice Peckham did not sit at the hearing, and took no part in the decision of this case.
Notes
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”