New York Life Insurance v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before tlie Hon. John P. Hubbard. This was a suit brought by the appellee, Mrs. Florence G. Smith, against the Netv York Life Insurance Company, to recover $2,200 upon a life insurance policy issued by the defendant to Malcolm C. Smith, who was the husband of the plaintiff, and who had died. The cause was tried upou issue joined upon the plea of the general issue.
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Appeal from the Circuit Court of Geneva. Tried before tlie Hon. John P. Hubbard. This was a suit brought by the appellee, Mrs. Florence G. Smith, against the Netv York Life Insurance Company, to recover $2,200 upon a life insurance policy issued by the defendant to Malcolm C. Smith, who was the husband of the plaintiff, and who had died. The cause was tried upou issue joined upon the plea of the general issue. The defense interposed and the facts of the case are sufficiently stated in the opinion. Upon the introduction of all the evidence, the court at the request of the plaintiff gave to the…
1Opinion of the CourtSuable, J.
On the 21st day of July, 1894, defendant issued a policy of insurance whereby the payment of two thousand dollars was assured to the plaintiff on the death oflier husband, Malcolm C. Smith, upon consideration of seventy dollars paid in advance and seventy dollars to be paid on the 21st day of July qach year thereafter until twenty years’ full premiums were paid. In one of the provisions of the policy a manner of making such payments was prescribed and it was stated that “If any premium is not thus paid on or before the day when due then (except as hereinafter otherwise provided), this policy…
2Cases cited6 opinions
- St. Louis Gaslight Co. v. City of St. LouisSupreme Court of Missouri · 1870
- Comer v. BankheadSupreme Court of Alabama · 1881
- Georgia Home Insurance v. AllenSupreme Court of Alabama · 1898
- Piedmont & Arlington Life Insurance v. YoungSupreme Court of Alabama · 1877
- Webster v. John Clark, Son & Co.Supreme Court of Florida · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Alabama Nat. Life Ins. Co. v. SmithSupreme Court of Alabama · 1926
- Meridian Life Ins. Co. v. HobbsSupreme Court of Alabama · 1917