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Tilbert v. Eagle Lock Co. - 116 Conn. 357, 165 A. 205 (1933)

Rule:

The entire day upon which a contract expires is open for compliance with it. 

Facts:

Kasimierz Tilbert worked for Eagle Lock Co. (Eagle) for several years. Tilbert became ill and subsequently died. Tilbert’s wife then presented Eagle with a benefit certificate. Eagle claimed that the certificate had been cancelled the day Tilbert died and refused payment. The wife filed an action against Eagle and Eagle filed a demurrer to the complaint. The trial court reserved judgment for the court. 

Issue:

Was the wife entitled to benefits when her husband died the morning that the benefit plan was to be cancelled?

Answer:

Yes

Conclusion:

The court found that Eagle had sent notices to its employees that the benefit plan was to be cancelled at the issuance of the next paycheck. Furthermore, Tilbert died the morning that the checks were to be distributed. Therefore, Tilbert died before the final notice was given to the employees. The court concluded that the policy was still in effect when Tilbert died. Therefore, the wife was entitled to benefits.

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