McCully's Adm'r v. Phœnix Mutual Life Ins.
West Virginia Supreme Court
Appeal from a decree of the municipal court of Wheeling rendered on the 25th day of November, 1876, in a cause in said court then pending, wherein the administrator of Alexander McCully, deceased, was plaintiff, and the Phmuix Mutual Life, Insurance Company was defendant, allowed upon the petition of said plaintiff. Hon. G. J~. Oranmer, judge of the municipal court of Wheeling, rendered the decree appealed from.
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Appeal from a decree of the municipal court of Wheeling rendered on the 25th day of November, 1876, in a cause in said court then pending, wherein the administrator of Alexander McCully, deceased, was plaintiff, and the Phmuix Mutual Life, Insurance Company was defendant, allowed upon the petition of said plaintiff. Hon. G. J~. Oranmer, judge of the municipal court of Wheeling, rendered the decree appealed from. The facts of the case are fully stated in the opinion of the court. cited the following authorities : 9 How. 390; 19 How. 318; 1 Atk. 545; 4 Cow. 645; 1 Duer 66; Id. 110; 2 Phillips…
1Judgment of the CourtPatton, Judge
Alexander McCully applied to B. E. Tift, agent in Wheeling of the Phoenix Mutual Life Insurance Company of Hartford, Connecticut, for an insurance upon his life for $1,000.00 in that company on the 17th day of August, 1874. Application was made out in due form and signed by said McCully. Said application provided amongst other things: “It is hereby declared that the above are fair and true answers to the foregoing questions, and it is acknowledged and agreed by the undersigned, that this application shall form the basis of the contract of insurance, which contract shall be completed only by…
2Cases cited10 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Commercial Mutual Marine Insurance v. Union Mutual Insurance Co.Supreme Court of the United States · 1857
- Heiman v. Phœnix Mutual Life InsuranceSupreme Court of Minnesota · 1871
- Trevor v. . WoodNew York Court of Appeals · 1867
- Perkins v. Washington InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1825
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3Cited by32 opinions
- New York Life Insurance v. BabcockSupreme Court of Georgia · 1898
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Maddox v. Life & Casualty InsuranceCourt of Appeals of Georgia · 1949
- Bowen v. Prudential Insurance Co. of AmericaMichigan Supreme Court · 1913
- Rhodus v. Kansas City Life InsuranceMissouri Court of Appeals · 1911
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