Legal Opinion

New York Life Insurance v. Chittenden & Eastman

Supreme Court of Iowa

Decided June 4, 1907PublishedCited by 15 opinions

Appeal from Des Moines District Oouri.— Hon. W. S. Withrow, Judge. Action to recover back tbe money paid on a life insurance policy under mistake as to tbe death of tbe insured. On trial without a jury the court rendered a judgment for defendants, from which plaintiffs appeal.—

1Opinion of the Court

McClain, J".

Two policies were issued by plaintiff to one Jarvis on the 9th day of September, 1889, each for $1,350, payable on his death to his wife, or, if not living, to his children, or, if no children should survive, then to the executors, administrators, or assigns of the insured. Prior to the 25th day of December, 1894, the wife of the insured had died, and he was without children, and he had assigned the policy of the defendants Chittenden & Eastman, a partnership to whom he was indebted, and forwarded a copy of this assignment to the plaintiff. It appears, also, that prior to the…

2Cases cited13 opinions

  1. Scott v. McNealSupreme Court of the United States · 1894
  2. Cunnius v. Reading School DistrictSupreme Court of the United States · 1905
  3. Sears v. Grand Lodge of Ancient Order of United WorkmenNew York Court of Appeals · 1900
  4. Manning v. PolingSupreme Court of Iowa · 1900
  5. Riegel v. American Life Ins.Supreme Court of Pennsylvania · 1893

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3Cited by15 opinions

  1. New York Life Insurance Co. v. Nashville Trust Co.Tennessee Supreme Court · 1956
  2. Watson v. GoldsmithSupreme Court of South Carolina · 1944
  3. Beckwith v. BatesMichigan Supreme Court · 1924
  4. Phoenix Indemnity Co. v. Steiden Stores, Inc.Court of Appeals of Kentucky (pre-1976) · 1954
  5. Leach v. City-Commercial Savings BankSupreme Court of Iowa · 1928

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