Legal Opinion

Lyke v. First National Life & Accident Insurance

South Dakota Supreme Court

Decided April 1, 1919No. File No. 4396PublishedCited by 8 opinions

Appeal from Circuit' Court, Hughes County. Hon. John F. Hughes, Judge. Action by 'Myrta Lyke, against The First National' Life & Accident Insurance Company, to recover upon a policy of life insurance. From a judgment for defendant, and- from an order denying a new trial, plaintiff appeals. (1) To point one of the opinion, Appellant cited: Thomas Manufacturing Co. v. Lyons, 29 S. D. 600; Civ. Code (1903) Sec. 1212. ■Respondent cited: Robinson-v. U. S. Ben.

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Appeal from Circuit' Court, Hughes County. Hon. John F. Hughes, Judge. Action by 'Myrta Lyke, against The First National' Life & Accident Insurance Company, to recover upon a policy of life insurance. From a judgment for defendant, and- from an order denying a new trial, plaintiff appeals. (1) To point one of the opinion, Appellant cited: Thomas Manufacturing Co. v. Lyons, 29 S. D. 600; Civ. Code (1903) Sec. 1212. ■Respondent cited: Robinson-v. U. S. Ben. Soc., (Mich.) 94 N. W. 2Ti. (2) To point two of the opinion, re grace, Appellant cited: M'cMaster v. New York Life Ins. Co., 183 U. S. 25,…

1Opinion of the CourtPollfy, J.

This action was brought to recover on a life insurance policy. Plaintiff is the beneficiary named therein. The. policy was issued pursuant to a written application therefor made through an agent of the defendant company. At the time of making the application, the insured gave the agent his promissory note for $50.36 in payment of the first -year’s premium., and the company’s agent gave the insured the following receipt:

“Received of Frank Lyke fifty and 36-100 dollars, being the first annual premium on a policy of insurance of $1,000 upon his life for which application is made this day. It is…

2Cases cited3 opinions

  1. McMaster v. New York Life InsuranceSupreme Court of the United States · 1901
  2. Halsey v. American Central Life InsuranceSupreme Court of Missouri · 1914
  3. Stinchcombe v. New York Life Ins.Oregon Supreme Court · 1905

3Cited by8 opinions

  1. Duerksen v. Brookings International Life & Casualty Co.South Dakota Supreme Court · 1969
  2. Haynes v. Midland National Life InsuranceSouth Dakota Supreme Court · 1932
  3. Johnson v. Metropolitan Life InsuranceMontana Supreme Court · 1938
  4. D & P Terminal, Inc., a Corporation v. Western Life Insurance Company, a CorporationCourt of Appeals for the Eighth Circuit · 1966
  5. Northern Life Ins. v. SchwartzDistrict Court, N.D. California · 1927

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