Mutual Life Ins. v. Hathaway
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. For former report, see 99 Fed. 534. This is an action by the beneficiaries named in a life insurance policy issued by the plaintiff in error. The case was tried before the court without a-jury. The policy was issued January 26, 1892. The first premium was then paid.
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In Error to the Circuit Court of the United States for the ^Northern Division of the District of Washington. For former report, see 99 Fed. 534. This is an action by the beneficiaries named in a life insurance policy issued by the plaintiff in error. The case was tried before the court without a-jury. The policy was issued January 26, 1892. The first premium was then paid. The plaintiff in error is a corporation organized and existing under the laws of New York for the purpose of carrying on a life insurance business. Its principal office is in the city of New York, and it is authorized to…
1Opinion of the Court
HAWLEY, District Judge.
Prom the foregoing statement, it will readily be seen that the facts, as well as the legal principles, involved herein are substantially the same as were presented to the supreme court in Insurance Co. v. Cohen, 179 U. S. 262, 21 Sup. Ct. 106, 45 L. Ed. — . The most important question in that case, as in this, w'as whether the law of New York controls. It was admitted by the supreme court that, if the policy was to be governed by the laws of New York, Mrs. Cohen was entitled to recover. The court, after a review of several authorities, came to the conclusion “that the…
2Cases cited1 opinion
- Mutual Life Ins. Co. of NY v. CohenSupreme Court of the United States · 1900
3Cited by2 opinions
- Swing v. WellingtonIndiana Court of Appeals · 1909
- Mutual Life Ins. v. HillCourt of Appeals for the Ninth Circuit · 1902