Ingle v. Ingle

This case is here upon the pleadings, findings of fact, conclusions of law, and judgment; no statement of facts having been brought up. From the findings, the following facts appear: On April 8, 1914, the defendant Ralph F. Ingle purchased from Columbian National Life Insurance Company an endowment policy in the sum of $10,000, on which there was an annual premium of $417.10. Three premiums only were paid. These premiums were paid by plaintiff, John C. Ingle, under an agreement with defendants that they would repay the amount of such premiums, and, in the event of their failure to do so, plaintiff was to have a lien on the policy for the amount of the premiums advanced by him. Defendants not only failed to repay such amounts, but made application for a policy loan of $500. Plaintiff then (January 27, 1917) brought an action against Ralph F. Ingle to recover $1,251.30, the amount of the premiums advanced. Garnishment was had against the life insurance company, with the result that $500 -- the loan value of the policy at that time -- was paid over to plaintiff. No further proceedings were had in that action until October, 1934, when it was dismissed without prejudice.