Legal Opinion

Butler v. St. Louis Life Ins.

Supreme Court of Iowa

Decided December 11, 1876PublishedCited by 11 opinions

Appeal from Des Moines District Court. This is an action upon a life insurance policy, insuring tlie life of Jacob Butler, plaintiff’s deceased husband.

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Appeal from Des Moines District Court. This is an action upon a life insurance policy, insuring tlie life of Jacob Butler, plaintiff’s deceased husband. The petition, which is in the usual form, alleges that the insurance was effected in 1864, that all premiums were paid up to the time of the death of said Butler, which occurred in 1874. The policy contained a clause in these words: “And it is also understood and agreed to be the true intent and meaning hereof, that if the proposals, answers and declarations made by the said Jacob Butler, and bearing date June 29, 1864, and which are hereby…

1Opinion of the CourtRothrook, J.

I. Upon the trial the defendant admitted the execution of the policy for the use and benefit of plaintiffs, and the delivery of the same to Jacob Butler in his lifetime, and due notice and proof of the death, and the payment of all premiums due the company up to the date of the death of said Butler, and took the affirmative of the issues joined between the parties.

It appears from'the record before us that Jacob Butler was admitted as an insane patient in the Iowa Hospital for the insane, at Mount Pleasant, a short time before his death. It was conceded on the trial, by plaintiff, that he was…

2Cases cited2 opinions

  1. Pelamourges v. ClarkSupreme Court of Iowa · 1859
  2. Phillips v. Starr & Co.Supreme Court of Iowa · 1868

3Cited by11 opinions

  1. Connecticut Mutual Life Insurance v. LathropSupreme Court of the United States · 1884
  2. McMechen v. McMechenWest Virginia Supreme Court · 1881
  3. Ipsen v. RuessSupreme Court of Iowa · 1948
  4. State v. WatsonSupreme Court of Iowa · 1890
  5. Sever v. Minneapolis & St. Louis Ry. Co.Supreme Court of Iowa · 1912

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