Mutual Life Ins. v. Dingley
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern Division of the District of Washington. This writ of error is brought to review the decision of the circuit court in rendering judgment for the defendant in error upon the pleadings filed in an action at law to recover upon four several policies of life insurance.
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In Error to the Circuit Court of the United States for the Northern Division of the District of Washington. This writ of error is brought to review the decision of the circuit court in rendering judgment for the defendant in error upon the pleadings filed in an action at law to recover upon four several policies of life insurance. The complaint alleged: That the Mutual Life Insurance Company of New York, the defendant in. the action, is a corporation organized under the laws of the state of New York, and has its home office In the city of New York. That on May 24. 1892, it issued to…
1Opinion of the CourtGilbert, Circuit Judge
It is- contended that after the demurrer to the affirmative matter alleged in the answer was sustained there still remained in the answer a denial ,of one of the essential averments of the complaint,— a denial of the allegation that the insured had performed the conditions of the contracts. It was a denial in general terms that the insured or the plaintiff duly or at all performed all or any of the conditions in said policies on their part. Whether this general denial, standing by itself, and unaided by the further averments of the answer, would be sufficient to put in issue the allegation of…
2Cases cited15 opinions
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Hanley v. DonoghueSupreme Court of the United States · 1885
- London Assurance v. Companhia De Moagens Do BarreiroSupreme Court of the United States · 1897
- Coghlan v. South Carolina RailroadSupreme Court of the United States · 1891
- Hall v. CordellSupreme Court of the United States · 1891
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3Cited by5 opinions
- Travelers Mut. Casualty Co. v. RectorCourt of Appeals for the Eighth Circuit · 1943
- Lehnherr v. National Accident InsuranceNebraska Supreme Court · 1934
- Jones v. New York Life Ins. Co.Supreme Court of Oklahoma · 1912
- Columbian Fraternal Ass'n v. SmithCourt of Appeals for the D.C. Circuit · 1924
- Baird & Daniels Co. v. Victory Sparkler & Specialty Co.District Court, E.D. New York · 1924