Francis v. Mutual Life Ins.
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice McBride. This is an action brought by Mary C. Francis against the Mutual Life Insurance Company of New York, to recover on an alleged contract of insurance.
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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice McBride. This is an action brought by Mary C. Francis against the Mutual Life Insurance Company of New York, to recover on an alleged contract of insurance. The complaint alleges: That on June 27, 1906, the defendant, in consideration of the annual payment to it, by one Richard W. Francis, of the sum of $131.35, made its policy of insurance in writing, by which it insured the life of said Francis in the sum of $5,000. That said Francis, on the 27th day of June, 1906, paid the first annual premium on said life insurance…
1Opinion of the CourtJustice McBride
1. A nonsuit is predicated upon the assumption that there is no reasonable theory consistent with which the evidence introduced by the plaintiff will support a verdict in her favor. We will now consider the evidence introduced by plaintiff on the trial, in order to ascertain whether, viewed in any reasonable light, it would have justified a verdict had the court seen fit to submit it to the jury.
There was evidence tending to show: That Bichard W. Francis, the deceased, on the 27th day of June, signed an application for insurance at the instance of a solicitor for the defendant company; that…
2Cases cited9 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Piedmont, Etc. Life-Ins. Co. v. Ewing, Etc.Supreme Court of the United States · 1876
- Starr v. Mutual Life InsuranceWashington Supreme Court · 1905
- Kilborn v. Prudential InsuranceSupreme Court of Minnesota · 1906
- Piedmont & Arlington Life-Insurance v. EwingSupreme Court of the United States · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Western & Southern Life Insurance v. ValeIndiana Supreme Court · 1938
- Unterharnscheidt v. Missouri State Life InsuranceSupreme Court of Iowa · 1912
- Colorado Life Co. v. TeagueCourt of Appeals of Texas · 1938
- Cranston v. West Coast Life Ins.Oregon Supreme Court · 1914
- Smith v. Industrial Hospital Ass'nOregon Supreme Court · 1952
17 more not listed; retrieve them via the Exa API.