Legal Opinion

Tripp v. Vermont Life Insurance

Supreme Court of Vermont

Decided October 15, 1882PublishedCited by 19 opinions

Assumpsit with general and special counts to recover upon a contract of life insurance. Plea, general issue, and trial by jury, September Term, 1879, Washington County, Redfield, J., presiding.

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Assumpsit with general and special counts to recover upon a contract of life insurance. Plea, general issue, and trial by jury, September Term, 1879, Washington County, Redfield, J., presiding. The policy was dated July 24th, 1875. The intestate died on the 4th day of January, 18r<8. The second count, among other facts, alleged: “ That all the statements and declarations made to said company in said application, to wit, on said 24th day of July, A. D. 1875, to wit, at Burlington aforesaid,were true; that the said George R. Chapman during his lifetime,' to wit, at Burlington aforesaid, paid to…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

I. It is insisted that the action was improperly brought in the name of Chapman’s administrators.

In the case of Davenport, Adm'r of Twombly, v. N. E. Mut. Life Association, 47 Vt. 528, which was an action of assumpsit upon a policy of life insurance, it was held that the action was improperly brought in the name of the administrator. But an examination of that case will show that the decision was based upon the averment in the special count that the defendant “ undertook and then and there faithfully promised to pay to the wife and children,…

2Cases cited1 opinion

  1. Davenport v. North Eastern Mutual Life Ass'nSupreme Court of Vermont · 1875

3Cited by19 opinions

  1. Trotter v. Grand Lodge of the Iowa Legion of HonorSupreme Court of Iowa · 1906
  2. West v. National Casualty Co.Indiana Court of Appeals · 1916
  3. Western Reciprocal Underwriters' Exchange v. CoonSupreme Court of Oklahoma · 1913
  4. Patterson's Admr. v. Modern Woodmen of AmericaSupreme Court of Vermont · 1915
  5. Western Home Insurance v. ThorpSupreme Court of Kansas · 1892

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