...conclude that it was erroneous upon three grounds. 1. The policies, all alike, contained a clause that "no obligation is assumed by the company prior to...said date the insured is alive and in sound health;" and it appeared without dispute that on the respective dates of the policies the insured was not in...

...incompetent. Each policy had this condition: "Provided however that no obligation is assumed by this company prior to the date hereof, nor unless on said date the insured is alive and in sound health." In view of this condition the defendant company introduced Dr. Crooks as a witness, and the record...

...in the defendant company. The policy contained a provision, "That no obligation is assumed by this company prior to the date hereof, nor unless on said date the insured is alive and in sound health." There was evidence that the insured, before the taking out of the policy, in December, 1891, had been...

...conclude that It was erroneous, upon two grounds. 1. The policies, all alike, contained a clause that "no obligation Is assumed by the company prior to...said date the Insured Is alive and in sound health"; and It appeared without dispute that on the respective dates of the policies the insured was not in...

...father, and the cause of the heart disease. The policy contained the following: "Provided, however, that no obligation is assumed by the company prior to the...said date the insured is alive, and in sound health." The application contained a like provision. The policy also contained the following: "This policy is...

...Life Insurance Co., 1 Misc. Rep. 374, 21 NY Supp. 456, the policy contained the following provisions: "No obligation is assumed by the company prior to the date hereof, nor, unless upon said date, the assured is alive and is in sound health." It appeared that for upwards of three...

...condition of this policy, the first clause of which informs the insured in unmistakable language that this policy is void if the insured before its date has been rejected by this company. The normal antithesis of this Is that the policy which is void if the insured...

...complaint, and set up the following defenses : That there Is a clause In the policy which provides, "No obligation Is assumed by the company prior to...hereof, nor unless on said date the insured Is alive nnd in sound health;" that the policy was dated September 4, 1916, and on that day the insured was...

...policy, as required by the following provision or condition thereof, viz. : "Provided, however, that no obligation is assumed by the company prior to the date hereof, nor unless on said day the insured is alive and in sound health." Plaintiff, to sustain the issues on his part, introduced...

...the policy provided that no obligation is assumed by the insurance company prior to the date thereof, nor unless on said date the insured is alive and in sound health ; that the insured was not in sound health at said date, and died within four months thereafter of...