Banholzer v. New York Life Insurance
Supreme Court of Minnesota
Action on a life insurance policy. From an order of the district court for Ramsey county, Brill, J., denying a motion for a new trial after dismissing the action, plaintiff appealed. On September 16, 1895, the defendant issued a policy of insurance on the life of William Banholzer for $20,000, payable, in the alternative, either to himself in the year 1915, or, in case of his death prior to that time, to his wife, Louisa Banholzer, the plaintiff and appellant herein.
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Action on a life insurance policy. From an order of the district court for Ramsey county, Brill, J., denying a motion for a new trial after dismissing the action, plaintiff appealed. On September 16, 1895, the defendant issued a policy of insurance on the life of William Banholzer for $20,000, payable, in the alternative, either to himself in the year 1915, or, in case of his death prior to that time, to his wife, Louisa Banholzer, the plaintiff and appellant herein. The consideration for the policy is the sum of $1,146 to be paid in advance, and the payment of a like sum on the 16th day of…
1Opinion of the CourtMitchell, J.
(After stating the facts of the case as they are given above). If any regard is to be given to the plain and unambiguous language of the parties, nonpayment of the premium according to the terms of the policy would ipso facto render the policy void, unless there had been some act of waiver on part of the company. No declaration of forfeiture would be required unless rendered necessary by some prior course of dealing. Unless we regard certain dicta in Mutual v. French, 30 Oh. St. 240, as an exception, the authorities seem to be unanimous to this effect in construing policies like the present.…
2Cases cited6 opinions
- Carroll v. Lessee of CarrollSupreme Court of the United States · 1854
- Holly v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1887
- Homer v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1876
- Conway v. Phœnix Mutual Life InsuranceNew York Court of Appeals · 1893
- Michigan Mutual Life Insurance v. CusterIndiana Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Brown v. State Automobile Insurance Assn.Supreme Court of Minnesota · 1944
- Noem v. Equitable Life Insurance Co. of IowaSouth Dakota Supreme Court · 1916
- French v. Columbia Life & Trust Co.Oregon Supreme Court · 1916
- Kroksather v. Western Union Life InsuranceNorth Dakota Supreme Court · 1923
- O'Brien v. . Union Central Life Ins. Co.New York Court of Appeals · 1912
3 more not listed; retrieve them via the Exa API.