Wookey Pole Woodward, Arnsby v 42, 50, 52, 53 | Wyld Pickford ... ... 497 Wynch's Trusts, In re v 36, 48, 50, 53, 104 THIS was an action upon a policy of assurance. The first count stated that, by a certain policy of assurance and agreement entered into between the Company and the plaintiff, reciting that the plaintiff was desirous of effecting an insurance with the said Company on the life of the Right Hon. Maurice Fitzgerald, of Ballinruddery, in the county of Kerry, in the sum of £500, for one year, commencing the 29th of December 1838, and to be renewed H. T. 1858. Jan. 13, 14. To an action brought to recover the amount of a policy of insur ance, the Company having pleaded the Statute of Limitations, the plaintiff replied, on equit able grounds, that before the six years had elapsed, one J. B., who claimed an equitable lien on the policy, filed a cause petition in the Court of Chancery to enforce payment of it; that at the hearing before the Master of the Rolls, the defendants insisted that the policy had lapsed, by reason of the non-payment of the premiums, and was not then subsisting; and that the Master of the Rolls had accordingly directed the present action to be brought to try that question, and had in the meantime retained the petition.-Held, that the above was an equitable answer to the plea. The plaintiff having, in the summons and plaint, admitted the non-payment of certain premiums within the required period, relied upon the receipt of the premiums by the agent of the Company, as amounting either to a waiver or to a new contract for a revival of the policy. The Company pleaded a condition of the policy providing a specific mode of setting up the policy in case of a lapse, within a limited period.-Held, on demurrer, that the parties were not thereby precluded from waiving the lapse of the policy in any other mode they might mutually agree to. VOL. 9. 1 L |