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PHOENIX INS. CO. V. DOSTER, 106 U. S. 30 (1882)

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Phoenix Ins. Co. v. Doster, 106 U.S. 30 (1882)

Phoenix Ins. Co. v. Doster

Decided October 23, 1882

106 U.S. 30


1. A case should not be withdrawn from the jury unless the facts are undisputed or the testimony is of such a conclusive character that a verdict in conflict therewith would be set aside.

2. Circumstances stated which estop a mutual life insurance company from setting up that the policy sued on was forfeited by the nonpayment ad diem of the stipulated annual premium. Insurance Company v. Norton, 96 U. S. 234, and Insurance Company v. Eggleston, 96 U. S. 572, approved.

3. Where that premium is, by the contract, subject to a deduction equal in amount to the dividends to which the assured is entitled, it is the duty of the company to give him such notice of that amount that he may, in due time, pay or tender the balance of the premium.

The facts are stated in the opinion of the Court.

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