Samuel Blatchford

“ At the trial, the plaintiff asked the court to charge the jury: ' (1) That, if the company united with the agent, and accepted the surrender of the policy in suit from him when he had no authority to make such surrender, and did this without notice to or knowledge of the plaintiff, they cannot complain of the nonpayment of premium after such surrender and acceptance.' To that point the court answered: 'The futile attempt to surrender the policy (and the transaction referred to was nothing more in legal contemplation) had no effect whatever on the rights or obligations of either party. ”

“ As to the defense that the premiums due on the $5,000 policy were not paid, the court charged the jury that that defense was sustained, and was fatal to the plaintiff's claim; and the court further charged the jury as follows: 'The premiums, the payment of which was necessary to keep the policy alive, were not paid, and nothing has been shown, in the judgment of the court, which excuses or tends to excuse the failure to pay them. Whether the failure resulted from the agent's inability to pay or his unwillingness to pay is unimportant. ”

“ Miles did so inform the defendant, before attempting any surrender.
In Whitehead v. Insurance Co., a husband insured his life for the benefit of his wife, upon three policies, the money being payable, in the event of the death of the wife, to her children. She died before the husband, and he, without the knowledge of the children, surrendered the policies to the company, and received the surrender value of them. At the time of the surrender, the premium upon one of the policies was past due, while the other two policies were in full force. ”