Legal Opinion

Hexter v. United States Life Insurance

Court of Appeals of Kentucky

Decided March 19, 1891PublishedCited by 6 opinions

Case 67 — PETITION EQUITY — APPEAL FROM LOUISVILLE CHANCERY COURT. Brief not i i record. Cases cited in petition for rehearing: Montgomery v:' Insurance Co., 14 Bush, 51; Johnson v. Insurance Co., 79 Ky., 403, Insurance Co. v. Fort, 82 Ky., 269; Insurance Co. v. Montague, 84 Ky., 653; Insurance Co. v. Grigsby, 10 Bush, 317. 1. By the laws of New York and Pennsylvania, the uniy States in which any of the transactions took place, the provision requiring a surrender of the…

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Case 67 — PETITION EQUITY — APPEAL FROM LOUISVILLE CHANCERY COURT. Brief not i i record. Cases cited in petition for rehearing: Montgomery v:' Insurance Co., 14 Bush, 51; Johnson v. Insurance Co., 79 Ky., 403, Insurance Co. v. Fort, 82 Ky., 269; Insurance Co. v. Montague, 84 Ky., 653; Insurance Co. v. Grigsby, 10 Bush, 317. 1. By the laws of New York and Pennsylvania, the uniy States in which any of the transactions took place, the provision requiring a surrender of the policy within twelve months is valid and binding, and as an action could not be maintained in those States by reason of that…

1Opinion of the Court

JUDGE BENNETT

delivered the opinion op the court.

The provision of the policy sued on is as follows: “And it is understood and agreed that in case the

*358said Barbara Hexter shall not pay the said premiums as above reserved on or before the several days hereinbefore mentioned for the payment thereof, then, and in every such case, the said company shall not be liable to the payment of the sum insured, or any part thereof, and this policy shall cease and determine, provided that if, after the receipt by this company of not less than two whole years’ premiums, this policy should cease in consequence…

2Cases cited4 opinions

  1. Montgomery v. Phoenix Mutual Life InsuranceCourt of Appeals of Kentucky · 1878
  2. St. Louis Mutual Life Insurance v. GrigsbyCourt of Appeals of Kentucky · 1874
  3. Johnson v. Southern Mutual Life InsuranceCourt of Appeals of Kentucky · 1881
  4. Southern Mutual Life Insurance v. MontagueCourt of Appeals of Kentucky · 1887

3Cited by6 opinions

  1. Union Central Life Ins. v. SpinksCourt of Appeals of Kentucky · 1904
  2. Manhattan Life Ins. v. PattersonCourt of Appeals of Kentucky · 1901
  3. Washington Life Insurance v. MilesCourt of Appeals of Kentucky · 1902
  4. Northwestern Mutual Life Ins. v. BarbourCourt of Appeals of Kentucky · 1891
  5. Equitable Life Assurance Society v. EvansCourt of Appeals of Texas · 1901

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