Legal Opinion

Mutual Life Insurance v. Sears

Supreme Court of the United States

Decided May 28, 1900No. 452PublishedCited by 12 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This, like the case of Mutual Life Insurance Company v. Phinney, ante, 327, just decided, is an action on an insurance policy issued by the company, the premiums on which were unpaid for years before the death of the insured.

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This, like the case of Mutual Life Insurance Company v. Phinney, ante, 327, just decided, is an action on an insurance policy issued by the company, the premiums on which were unpaid for years before the death of the insured. The facts, as disclosed by the pleadings, (and the case went off on the pleadings, without any testimony,) are that on May 18, 1891, the insurance company issued a policy to Stephen P. Sears, he being the beneficiary named in the policy as well as the insured. He paid the first annual premium and received…

1Opinion of the CourtJustice Brewer

In view of what has been already decided in the case of Mutual Life Insurance Company v. Phinney, Executrix, ante, 327, it is needless to do more than note the fact that, as shown by the answer, after the insured had once defaulted in May, 1892, and a second default had occurred in May, 1893, application was made to him by the company, through its agents, to restore the policy, and that he declined to make any further payments or to continue the policy, and elected to have it terminated, which election was accepted by the company, and the parties to the contract treated it thereafter as…

2Cited by12 opinions

  1. Mutual Life Ins. Co. of NY v. CohenSupreme Court of the United States · 1900
  2. Haas v. Mutual Life InsuranceNebraska Supreme Court · 1909
  3. Wayland v. Western Life Indemnity Co.Missouri Court of Appeals · 1912
  4. Equitable Life Assurance Society of the United States v. StoughIndiana Court of Appeals · 1909
  5. Dougherty v. Mutual Life InsuranceMissouri Court of Appeals · 1931

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