McLaughlin v. Equitable Life Assurance Society
Nebraska Supreme Court
Appeal from tbe district court of Douglas county. Heard below before Scott, J. The opinion contains a statement of the case. Appellant did not forfeit her right to paid-up insurance through failure to surrender to appellee her original policy within six months from date of default. Time was not made essential by the terms of the p9licy. (Waterman, Specific Performance, sec. 462; May, Insurance, secs. 342, 343 ; Mutual Life Ins.
Read the full summary
Appeal from tbe district court of Douglas county. Heard below before Scott, J. The opinion contains a statement of the case. Appellant did not forfeit her right to paid-up insurance through failure to surrender to appellee her original policy within six months from date of default. Time was not made essential by the terms of the p9licy. (Waterman, Specific Performance, sec. 462; May, Insurance, secs. 342, 343 ; Mutual Life Ins. Co. v. French, 30 O. St., 240; Tutt v. Covenant Mutual Life Ins. Co., 19 Mo. App., 677; Northwestern Mutual Life Ins. Co. v. Little, 56 Ind., 504; Ohde v. Northwestern…
1Opinion of the CourtPost, J.
This was an action by the plaintiff in the district court of Douglas county to enforce the specific performance of an agreement by the defendant to issue a paid up policy of insurance. . There was a finding for the defendant, and a decree dismissing the petition, from which the plaintiff has prosecuted an appeal to this court. There is no controversy with respect to the material facts, which are as follows:
In the year 1884 the defendant company issued a policy of insurance on the life of Andrew W. McLaughlin in favor of his wife, the plaintiff herein. Said policy was for $5,000 current…
2Cases cited9 opinions
- Thompson v. Insurance Co.Supreme Court of the United States · 1881
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Mobile Life Insurance v. PruettSupreme Court of Alabama · 1883
- Fowler v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Haas v. Mutual Life InsuranceNebraska Supreme Court · 1909
- Cady v. Travelers InsuranceNebraska Supreme Court · 1913
- Blume v. Pittsburg Life & Trust Co.Illinois Supreme Court · 1914
- Blume v. Pittsburgh Life & Trust Co.Appellate Court of Illinois · 1913
- Equitable Life Assurance Society v. EvansCourt of Appeals of Texas · 1901
3 more not listed; retrieve them via the Exa API.