Sheldon v. Connecticut Mutual Life Insurance
Supreme Court of Connecticut
This was an action brought by the administrator on the estate of Nathaniel Curtiss, deceased, upon a policy of insurance for three thousand dollars, claimed to have been made upon the life of said Curtiss by the Connecticut Mutual Life Insurance Company. The defendants pleaded the general issue, with notice that they should offer evidence that the insurance premium had never been paid, and the policy never executed or delivered.
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This was an action brought by the administrator on the estate of Nathaniel Curtiss, deceased, upon a policy of insurance for three thousand dollars, claimed to have been made upon the life of said Curtiss by the Connecticut Mutual Life Insurance Company. The defendants pleaded the general issue, with notice that they should offer evidence that the insurance premium had never been paid, and the policy never executed or delivered. The cause was tried at the term of the superior court, for the county of Hartford, holden in December, 1855. On the trial, the plaintiff admitted that the policy of…
1Opinion of the CourtEllsworth, J.
It being agreed that the contract for insurance would not be binding until the premium of insurance was received or provided for, and there being no policy delivered to prove that this was done, it became necessary, on the trial below, for the plaintiff to show, that the contract was perfected, and that the precedent condition had been complied with, so that his intestate was entitled to demand and have the policy as agreed. This the plaintiff undertook to show; and offered evidence to prove that Norton, the agent of the defendants, (who did this business and the general business of insuring…
2Cited by35 opinions
- Home Insurance v. GilmanIndiana Supreme Court · 1887
- Woodbury Savings Bank & Building Ass'n v. Charter Oak Fire & Marine InsuranceSupreme Court of Connecticut · 1863
- Heiman v. Phœnix Mutual Life InsuranceSupreme Court of Minnesota · 1871
- White v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1876
- Bouton v. American Mutual Life InsuranceSupreme Court of Connecticut · 1857
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