Phœnix Mutual Life Insurance v. Baker
Illinois Supreme Court
Appeal from the Circuit Court of Madison county; the Hon. William H. Snyder, Judge, presiding. On October 7,1870, the appellant assured the life of appellee in the sum of $2500, for the benefit of his wife and children. The contract, as purported by the policy, is between appellant and the wife and children of appellee. The policy was continued in force for five years, by the payment of premiums in notes and cash, the notes still remaining unpaid.
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Appeal from the Circuit Court of Madison county; the Hon. William H. Snyder, Judge, presiding. On October 7,1870, the appellant assured the life of appellee in the sum of $2500, for the benefit of his wife and children. The contract, as purported by the policy, is between appellant and the wife and children of appellee. The policy was continued in force for five years, by the payment of premiums in notes and cash, the notes still remaining unpaid. The policy contained the following provision: “ And the said company do further promise and agree, that if, after having received not less than…
1Opinion of the CourtJustice Sheldon
The declaration contains but one count—the count for money had and received.
The theory of the suit is, that there was here a surrender of the policy, or what was its equivalent; that the insurance company violated its contract in not, thereupon, issuing a “ paid-up ” policy; that any violation of the terms of a special contract will authorize the other party to rescind it; that appellee has, accordingly, rightfully rescinded the contract, and is entitled to recover back all money paid under the rescinded contract.
The mistake of the appellee is in regarding the premiums as having been paid for…
2Cited by17 opinions
- Mutual Reserve Fund Life Ass'n v. FerrenbachCourt of Appeals for the Eighth Circuit · 1906
- Prudential Insurance Co. of America v. FergusonCourt of Appeals of Georgia · 1935
- Supreme Lodge Knights of Pythias v. NeeleyCourt of Appeals of Texas · 1911
- Blume v. Pittsburg Life & Trust Co.Illinois Supreme Court · 1914
- Farrow v. State Mutual Life InsuranceCourt of Appeals of Georgia · 1918
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