Where An Endowment Policy Is Binding

An aotion against a life insurance coinpany, reoently tried before Judge Barnard, of Brooklyn, was to recover from the company the amount of the premiums paid by the plaintiff on an endowmeut policy. The plaintiff gave evidence tending to show that in taking out the policy she acted upon certain repreeentations made to her as to the amount of dividends which had been paid to polioy holders of the company, and she claimed that these representations were false, and that she, therefore, had a right to rescind the contract of insurance and recover back the premiums paid. It appeared, however, by her own evidence that she had retained the policy and paid premi ums upon it tor five years, until ihe endowment matured. At the close of her proofs the counsel for the company moved to dismiss the complainant on two grounds: First, that haviug retained the policy and paid the premiums upon it for the period stated she was bound by its terms, and could not assert that it did not contain the terms of the policy she expected to receive ; and, second, that the contract of insuranco had been fully executed by the defendants by carrying the risk for the full period speeined in it, and the plaintiff therefore could not revoke ifc and recover back the premiums paid, even though it might have been received by her under a raisunderstanding or ignorance of its terms, because she could not restore to the company the benefits she had received - nainely, the security of the insurance during the time the policy had run. The motion was granted, and the plaintiff was non-suited.