Legal Opinion

Insurance Company v. Mahone

Supreme Court of the United States

Decided February 15, 1875No. 165PublishedCited by 93 opinions

Error to the Circuit Court for tlie Southern District of Mississippi. Mahone and wife brought debt on a policy of life insurance issued by the American Life Insurance Company, August 30th, 1870, for $5000, on the life of one Dillard. The policy was issued to him, but to be paid to Mrs. Malone, one of the plaintiffs, his sister, within sixty days after notice of his death, with proviso, that it should be void “ if he shall become so far intemperate as to impair his health.”

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Error to the Circuit Court for tlie Southern District of Mississippi. Mahone and wife brought debt on a policy of life insurance issued by the American Life Insurance Company, August 30th, 1870, for $5000, on the life of one Dillard. The policy was issued to him, but to be paid to Mrs. Malone, one of the plaintiffs, his sister, within sixty days after notice of his death, with proviso, that it should be void “ if he shall become so far intemperate as to impair his health.” Dillard died November 4th, 1870, at a place called Edwards’s Depot. The general nature of the defence was that the policy…

1Opinion of the CourtJustice Strong

That there is no substantial reason for complaining of the ruling of the court in receiving the testimony of the witness Cox — the reception of which constitutes the basis of the first assignment of error — is, we think, fully shown by what was decided in Insurance Company v. Wilkinson, * and in the cases therein mentioned. The testimony was admitted, not to contradict the written warranty, but to show that it was noj the. warranty of Dillard, though signed by him. Prepared, as it was, by the company’s agent, and the answer to No. 5 having been made, as the witness proved, by the agent, the…

2Cited by93 opinions

  1. Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
  2. New York Life Insurance v. FletcherSupreme Court of the United States · 1886
  3. Aetna Life Insurance v. MooreSupreme Court of the United States · 1913
  4. Continental Life Insurance v. ChamberlainSupreme Court of the United States · 1889
  5. Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883

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