Fairchild v. North-Eastern Mutual Life Ass'n
Supreme Court of Vermont
Covenant on a policy of insurance on the life of the plaintiff’s intestate. Plea, general issue, and several special pleas in bar. Trial by jury, September Term, 1878, Pierpoint, C. J., presiding.
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Covenant on a policy of insurance on the life of the plaintiff’s intestate. Plea, general issue, and several special pleas in bar. Trial by jury, September Term, 1878, Pierpoint, C. J., presiding. The plaintiff offered in evidence a policy of insurance under seal, issued by the defendant, and dated July 4, 1874, the substance of which was as follows : In consideration of the representations and agreements made in the application therefor, and the sum of eight dollars in hand paid, and also the additional sum of four dollars, as a deposit to pay for death losses of two memberships when they…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
This is an action of covenant broken on a policy of life insurance issued by the defendant to the plaintiff’s intestate, Mrs. Lorane D. Nay. The policy is a contract under seal inter partes — Mrs. Nay of the one part, and theNorth-Eastern Mutual Life' Association of the other part —and to that contract the plaintiff’s intestate and the defendant were the sole legal parties. Had the policy been a simple contract, under the circumstances of this case, the amount of the insurance being made in terms pay*623able to Faii’child or his legal…
2Cases cited13 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Valton v. . the National Fund Life Assurance CompanyNew York Court of Appeals · 1859
- St. John v. . the American Mutual Life Insurance Co.New York Court of Appeals · 1855
- Provident Life Insurance & Investment Co. v. BaumIndiana Supreme Court · 1867
- Franklin Life Insurance v. HazzardIndiana Supreme Court · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Clement v. Insurance Co.Tennessee Supreme Court · 1898
- Bloomington Mutual Benefit Ass'n v. BlueIllinois Supreme Court · 1887
- Elkhart Mutual Aid, Benevolent & Relief Ass'n v. HoughtonIndiana Supreme Court · 1885
- Union Fraternal League v. WaltonSupreme Court of Georgia · 1899
- Pacific Mutual Life Insurance of California v. WilliamsTexas Supreme Court · 1891
23 more not listed; retrieve them via the Exa API.