McMaster v. New York Life Ins.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Northern District of Iowa. This was an action brought by the plaintiff in error, Fred. A. McMaster, administrator of the estate of Frank E. McMaster, deceased, against the defendant in error, the New York Life Insurance Company, upon five policies of insurance, of i?J,000 each, upon the life of Frank E. McMaster.
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In Error to the Circuit Court of the United States for the Northern District of Iowa. This was an action brought by the plaintiff in error, Fred. A. McMaster, administrator of the estate of Frank E. McMaster, deceased, against the defendant in error, the New York Life Insurance Company, upon five policies of insurance, of i?J,000 each, upon the life of Frank E. McMaster. The defense was that the insurance had ceased before he died, on January 18, 1895, because he had failed to pay the annual premiums due on December 12, 1894. The policies were dated on December 18, 1893, and contained these…
1Opinion of the CourtSaybqby, Circuit Judge
This is another attempt to cause prior and contemporaneous parol statements of the terms and legal effect of written agreements to prevail over the plain stipulations of the writings themselves. The argument of the counsel for the plaintiff in error, when reduced to its last analysis, is that because in the parol negotiations which preceded the delivery of the policies in suit the agent of the insurance company informed the deceased that his policies would insure his life for 13 months without the payment of the second annual premiums, and because when he delivered the policies to him he told…
2Cases cited61 opinions
- United States v. FisherSupreme Court of the United States · 1805
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Thompson v. Insurance Co.Supreme Court of the United States · 1881
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Norris v. JacksonSupreme Court of the United States · 1870
56 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Thomas v. GroeblTexas Supreme Court · 1948
- Rhodus v. Kansas City Life InsuranceMissouri Court of Appeals · 1911
- Travis v. Nederland Life Ins.Court of Appeals for the Eighth Circuit · 1900
- Pennok Oil Co. v. Roxana Petroleum Co.Court of Appeals for the Eighth Circuit · 1923
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