New York Life Insurance v. Kimball
Supreme Court of Vermont
Appeal in Chancery. Bill to reform or cancel an indorsement npon a policy of insurance upon tbe life of Charles B. Kimball, in which the defendant is beneficiary. Heard on demurrer to the bill at the September Term, 1917, Chittenden County, Fish, Chancellor. Decree, sustaining the demurrer adjudging the bill insufficient, and dismissing it with costs. Plaintiff appealed.
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Appeal in Chancery. Bill to reform or cancel an indorsement npon a policy of insurance upon tbe life of Charles B. Kimball, in which the defendant is beneficiary. Heard on demurrer to the bill at the September Term, 1917, Chittenden County, Fish, Chancellor. Decree, sustaining the demurrer adjudging the bill insufficient, and dismissing it with costs. Plaintiff appealed. The policy in question was written on February 5, 1908,' on the ordinary life plan, for the sum of $1,500, payable to the defendant as beneficiary upon the death of the insured. The policy required the payment in advance of a…
1Opinion of the CourtMiles, J.
This is a bill in chancery to reform or cancel an indorsement upon a policy of insurance upon the life of Charles B. Kimball, in which the defendant is beneficiary. Upon failure to pay the premium as the same fell due and to avail himself of certain options provided for the insured in ease of failure to pay the premium, the policy, in substance, provided that the insured should have insurance for the face amount of the policy plus any outstanding dividend additions and less any indebtedness to the company thereon, said policy to continue in force from the date of default in the payment of the…
2Cases cited17 opinions
- Steinmeyer v. SchroeppelIllinois Supreme Court · 1907
- Capital City Bank v. HilsonSupreme Court of Florida · 1912
- McDaniels v. President of the Bank of RutlandSupreme Court of Vermont · 1857
- Page v. HigginsMassachusetts Supreme Judicial Court · 1889
- Salomon v. North British & Mercantile InsuranceNew York Court of Appeals · 1915
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hitchcock v. KennisonSupreme Court of Vermont · 1921
- Town of Lyndon v. Burnett's Contracting Co.Supreme Court of Vermont · 1980
- Kimball v. New York Life InsuranceSupreme Court of Vermont · 1924
- Travelers Insurance Company v. BaileySupreme Court of Vermont · 1964
- Ward v. LymanSupreme Court of Vermont · 1937
8 more not listed; retrieve them via the Exa API.