McMaster v. New York Life Ins.
U.S. Circuit Court for the District of Northern Iowa
By written stipulation duly signed and filed, the parties to this action waived a jury trial, and consented to try the case before the court; and, the evidence having been fully submitted, the court finds the facts established by the evidence to be as follows: (1) Tlio plaintiff, Fred A. McMaster, was when the suit was brought, and is now, the lawfully appointed adminisirator of the estate of Frank E. Mc-Master, deceased, having been appointed administrator of the named…
Read the full summary
By written stipulation duly signed and filed, the parties to this action waived a jury trial, and consented to try the case before the court; and, the evidence having been fully submitted, the court finds the facts established by the evidence to be as follows: (1) Tlio plaintiff, Fred A. McMaster, was when the suit was brought, and is now, the lawfully appointed adminisirator of the estate of Frank E. Mc-Master, deceased, having been appointed administrator of the named estate by the probate court of Woodbury county, Iowa; and furthermore said plaintiff was when this suit was brought, and is…
1Opinion of the Court
SHIBAS, District Judge.
A suit in equity was brought in this court by the administrator of the estate of Frank E. McMaster against the defendant insurance company, praying a reformation of the policies in question, on the ground that the provision inserted therein making the second annual premiums payable on the 12th day of December, 1894, was not in accordance with the agreement of the parties; and upon the hearing of that case this court held that, under the rules of' construction applied to contracts of this character, the plaintiff could recover at law thereon, but as the evidence clearly…
2Cases cited6 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
- Thompson v. Insurance Co.Supreme Court of the United States · 1881
- Continental Life Insurance v. ChamberlainSupreme Court of the United States · 1889
- New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Haas v. Mutual Life InsuranceNebraska Supreme Court · 1909
- Sun Life Ins. v. TaylorCourt of Appeals of Kentucky · 1900
- Equitable Life Assurance Society of U. S. v. GolsonSupreme Court of Alabama · 1909
- Bolton v. Standard Life InsuranceAppellate Court of Illinois · 1920
- Bittinger v. New York Life InsuranceCalifornia Supreme Court · 1941
5 more not listed; retrieve them via the Exa API.