New York Life Ins. Co. v. Norris
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Horace J. AVilkinson, Judge. Action by Celia Norris, as beneficiary, against the New York Dife Insurance Company, upon a life insurance policy issued to her husband, now deceased. Judgment for the plaintiff, and the defendant appeals.
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Appeal from Circuit Court, Jefferson County; Horace J. AVilkinson, Judge. Action by Celia Norris, as beneficiary, against the New York Dife Insurance Company, upon a life insurance policy issued to her husband, now deceased. Judgment for the plaintiff, and the defendant appeals. The following'are the defendant’s pleas: “3. For further plea and answer to the complaint, the defendant says that said policy was issued on the application of Frank M. Norris on, to wit, July 3, 1905, with an annual premium of $300.15, payable on the 3d day of each July thereafter, and constituted a contract of…
1Opinion of the CourtMcCLELLAN, J.
The appellee (plaintiff) was awarded judgment against the appellant on a policy of life insurance issued in 1905 by the appellant to F. M. Norris, in which appellee (insured’s wife) was named as beneficiary. Norris died, in 1916. For several years prior to 1912, Norris had annually borrowed from the insurer the amount necessary to pay the annually due xwemium on his policy, upon the security alone of the policy then deposited with the insurer. The annual premium and the interest (in advance) on the thus annually increasing loan — on the sole security of the policy — was due the 3d of July of…
2Cases cited16 opinions
- Mutual Life Insurnace v. HillSupreme Court of the United States · 1904
- McNaughton v. Des Moines Life InsuranceWisconsin Supreme Court · 1909
- Wayland v. Western Life Indemnity Co.Missouri Court of Appeals · 1912
- Aiken v. Atlantic Life InsuranceSupreme Court of North Carolina · 1917
- Inter-Southern Life Insurance v. DuffCourt of Appeals of Kentucky · 1919
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3Cited by5 opinions
- Watts v. Metropolitan Life Ins. Co.Supreme Court of Alabama · 1924
- Middleton v. North American Protective Ass'nAppellate Court of Illinois · 1931
- Daggett v. Prudential Life Ins. Co.Mississippi Supreme Court · 1936
- Sovereign Camp of Woodmen of the World v. BrookinsAlabama Court of Appeals · 1924
- Watts v. Metropolitan Life Ins. Co.Supreme Court of Alabama · 1924