New York Life Insurance v. Clemmitt

Citations

• 77 Va. 366
• 1883 Va. LEXIS 67

Syllabus

<p>r. Appellate Court&emdash;First appeal&emdash;Second appeal.&emdash;It is a settled rule that decrees of the court of appeals on questions decided by the court below, are conclusive, and on second appeal these questions cannot again be raised.</p> <p>2. Idem&emdash;Instructions&emdash;Second trial.&emdash;Instructions given at second trial conformable to principles established on first appeal, cannot be questioned on second appeal. As to instructions then refused, inconsistent with those principles, the same rule applies. So far as instructions then given or refused, contain principles not established on first appeal, they will, of course, be considered on second appeal.</p> <p>3. Insurance Company&emdash;Premiums&emdash;Dividends.&emdash;Life policy being repudiated as abrogated by non-payment of premiums, flagrante bello, and suit being instituted for its adjustment, and the adjustment proceeding on the basis of the payment of all premiums with interest, such premiums are paid, and the insured is entitled to his dividends just as though he had paid his premiums annually, the delay being occasioned by the company’s own act.</p>