Myli v. American Life Insurance
North Dakota Supreme Court
Appeal from District Court, Cass County, A. T. Cole, J. A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful. Comp. Laws, § 5896; Young v. Met-calf Land Co. 18 N. D. 441, 122 N. W. 1101; Miller v. St. Paul F. & M. Ins.
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Appeal from District Court, Cass County, A. T. Cole, J. A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful. Comp. Laws, § 5896; Young v. Met-calf Land Co. 18 N. D. 441, 122 N. W. 1101; Miller v. St. Paul F. & M. Ins. Co. 26 S. D. 454, 128 N. W. 609; Fletcher v. Arnett, 4 S. D. 615, 57 N. W. 915; Frost v. Williams, 2 S. D. 457, 50 N. W. 964. Language must be followed when clear and explicit. Strunk v. Smith, 8 S. D. 407, 66 N. W. 926; Washabaugh v. Hall, 4 & D. 168,…
1Opinion of the Court
Birdzell,. J.
This is an appeal from a judgment in favor of the plaintiff and from an order denying a motion to vacate and to order judgment in favor of the plaintiff for a lesser amount. The action is one to recover the face of a life insurance policy. The defense is that by reason of a provision in the policy the liability of the defendant was limited to $68.30, the amount of premiums previously paid by the insured.
On October 30, 1917, a policy of insurance in the sum of $2,000 was issued by the defendant company to Hiram I. O. Myli, in which Lena Myli, his mother, the plaintiff in this…
2Cited by20 opinions
- Johnson v. Mutual Life InsuranceSupreme Court of Georgia · 1922
- Coit v. Jefferson Standard Life InsuranceCalifornia Supreme Court · 1946
- Edwards v. Life Casualty Ins. Co. of Tenn.Supreme Court of Louisiana · 1946
- Boatwright v. American Life Insurance Co.Supreme Court of Iowa · 1920
- Jorgenson v. Metropolitan Life InsuranceSupreme Court of New Jersey · 1947
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