Legal Opinion

O'Brien v. Equitable Life Assurance Society of United States

Michigan Supreme Court

Decided December 17, 1912No. Docket No. 147PublishedCited by 5 opinions

Error to Hillsdale; Chester, J. Assumpsit by Joseph W. O’Brien against the Equitable Life Assurance Society of the United States on a policy of insurance. The court directed a verdict for plaintiff. Defendant brings error.

1Opinion of the CourtStone, J.

This is an action in assumpsit, brought to recover the sum of $2,210.05 and interest, claimed to be due the plaintiff as cash surplus on what is termed a free tontine policy issued to him in 1891 by the defendant. Plaintiff was solicited to take this policy by one Halsey, of Grand Rapids, whom he calls a special agent of the defendant. After some conferences with Halsey, the plaintiff, at Grand Haven, on February 28, 1891, applied for the policy in question, and paid the first premium thereon, and took a receipt therefor, signed by said Halsey as special agent. On March 17, 1891, the policy…

2Cases cited9 opinions

  1. Cleaver v. Traders' InsuranceMichigan Supreme Court · 1887
  2. Avery v. . Equitable Life Assurance SocietyNew York Court of Appeals · 1889
  3. Cook v. Standard Life & Accident InsuranceMichigan Supreme Court · 1890
  4. Timlin v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1910
  5. Equitable Life Assurance Society of the United States v. MeuthCourt of Appeals of Kentucky · 1911

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Kaley v. Northwestern Mutual Life InsuranceNebraska Supreme Court · 1918
  2. Luellen v. New York Life InsuranceMichigan Supreme Court · 1918
  3. Truly v. Mutual Life Ins.Mississippi Supreme Court · 1914
  4. Martell v. National Guardian Life Insurance Co.Wisconsin Supreme Court · 1965
  5. Cahn v. Northwestern Mutual Life InsuranceAppellate Court of Illinois · 1917

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