Legal Opinion

Hosmer v. Welch

Michigan Supreme Court

Decided December 17, 1895PublishedCited by 21 opinions

Error to Wayne; Donovan, J. Assumpsit by Margaret Hosmer against Elizabeth E. Welch to recover money received upon an insurance policy. From a judgment for plaintiff on verdict directed by the court, defendant brings error.

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Error to Wayne; Donovan, J. Assumpsit by Margaret Hosmer against Elizabeth E. Welch to recover money received upon an insurance policy. From a judgment for plaintiff on verdict directed by the court, defendant brings error. At common law, defendant was a legal beneficiary of the deceased (1) because she was his sister (Loomis v. Insurance Oo., 6 Gray, 396; Lord v. Fall, 12 Mass. 115; Insurance Co. v. France, 94 H. S. 561; Grattan v. Insurance Go., 15 Hun, 74; Ireland v. Ireland, 42 Hun. 212; Insurance Go. v. Kane, 81 Pa. St. 154; Watson v. Life Association, 21 Fed. 698; Assurance Society v.…

1Opinion of the CourtGrant, J.

Plaintiff is the widow, and defendant the sister, of George F. Hosmer, deceased. Plaintiff and Mr. Hosmer were married in 1860. They separated a few years after that, but were never divorced. For several years prior to the death of Mr. Hosmer, he made his home with the defendant. In May, 1892, he secured a pol*474icy of insurance in a fraternal association known as the “United Friends of Michigan,” organized under Act No. 104, Pub. Acts 1869 (1 How. Stat. § 3949 etseg.). The policy was made payable, as requested in his application, equally to the defendant and a nephew. The insurance company…

2Cases cited2 opinions

  1. Standard Life & Accident Insurance v. CatlinMichigan Supreme Court · 1895
  2. Smith v. PinchMichigan Supreme Court · 1890

3Cited by21 opinions

  1. Cowin v. HurstMichigan Supreme Court · 1900
  2. Supreme Lodge Order of Mutual Protection v. DeweyMichigan Supreme Court · 1906
  3. In Re Buckley's EstateMichigan Supreme Court · 1951
  4. Grand Lodge, Ancient Order of United Workmen v. BrownMichigan Supreme Court · 1910
  5. Holmberg v. Cleveland-Cliffs Iron Co.Michigan Supreme Court · 1922

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