Legal Opinion

Mutual Benefit Life Ins. v. Atwood's adm'x

Supreme Court of Virginia

Decided March 19, 1874PublishedCited by 10 opinions

This was an. action on the case in the Circuit court of the city of Richmond, brought in February 1866, by Mrs. M. S. Atwood, widow and administratrix of Dr. A. H. Atwood, deceased, against the Mutual Benefit Life Insurance Company of Newark, New Jersey, upon a policy of insurance upon the life of Dr. Atwood, for $2,600. Upon the trial the defendant demurred to the evidence; and the court rendered a judgment in favor of the plaintiff for the amount of the policy, after…

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This was an. action on the case in the Circuit court of the city of Richmond, brought in February 1866, by Mrs. M. S. Atwood, widow and administratrix of Dr. A. H. Atwood, deceased, against the Mutual Benefit Life Insurance Company of Newark, New Jersey, upon a policy of insurance upon the life of Dr. Atwood, for $2,600. Upon the trial the defendant demurred to the evidence; and the court rendered a judgment in favor of the plaintiff for the amount of the policy, after deducting one premium for which a note had been given, with interest; and thereupon the insurance company applied to this…

1Opinion of the Court

Bouldin J.

On the application of Dr. Aaron H. Atwood, the intestate of the plaintiff', then residing in the State of New Hampshire, a policy of insurance was, on the 80th of December 1846, issued to Sarah Jane Atwood, then the wife of Dr. Atwood, by the plaintiff in error, an insurance company chartered by the .State of New Jersey, and having its principal office in Newark in that State, insuring the life of Dr. Atwood in the sum of $2,600 for the term of life. The annual premium to he paid was $50.18, and the policy contained the usual clauses vacating the policy in case of failure to pay…

2Cited by10 opinions

  1. Abell v. Penn Mutual Life InsuranceWest Virginia Supreme Court · 1881
  2. Johnson v. Van EppsIllinois Supreme Court · 1884
  3. Connecticut Mut. Life Ins. v. Duerson's ex'orSupreme Court of Virginia · 1877
  4. Honnold v. Brd. of Com'rs Carter Co.Supreme Court of Oklahoma · 1916
  5. Clemmitt & Wife v. New York Life InsuranceSupreme Court of Virginia · 1882

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