National Life Insurance v. Goble
Nebraska Supreme Court
Error from the district court, of Webster county. Tried below before Beall, J. The facts are stated in the opinion. The sending of the worthless draft and the return of the receipt did not constitute a payment of the premium.
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Error from the district court, of Webster county. Tried below before Beall, J. The facts are stated in the opinion. The sending of the worthless draft and the return of the receipt did not constitute a payment of the premium. (2 Morse, Banks & Banking, sec. 543; 2 Daniel, Negotiable Instruments [ed. 1891], sec. 1262; 3 Randolph, Commercial Paper [ed. 1888], secs. 1534, 1548, 1551; 2 Edwards, Bills & Notes [3d ed.], sec. 748; .Weaver v. Nixon, 69 Ga., 700; Holmes v. Briggs, 131 Pa. St., 233; Fleig v. Sleet, 43 O. St., 53; Gibson v. Toby, 53 Barb. [N. Y.], 191; Johnson v. Weed, 9 Johns. [N.…
1Opinion of the CourtHarrison, J.
In this action the defendant in error sought to recover damages of the National Life Insurance Company of Vermont, alleged to have accrued in his favor by reason of the cancellation by the company of a policy of insurance on his life which it had issued and delivered to him. In the trial court the defendant in error was given a verdict and judgment, and the unsuccessful party has prosecuted error proceedings to this court.
It appears that on March 12, 1890, the insurance company, in consideration of payments then made and others promised in accordance with the terms of the contract, issued and…
2Cases cited2 opinions
- Weddigen v. Boston Elastic Fabric Co.Massachusetts Supreme Judicial Court · 1868
- Mullins v. A. Brown & the Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1884
3Cited by15 opinions
- Steele v. VandersliceArizona Supreme Court · 1961
- Martin v. New York Life Ins. Co.New Mexico Supreme Court · 1923
- Mutual Life Ins. Co. v. Chattanooga Savings BankSupreme Court of Oklahoma · 1915
- Dille v. WhiteSupreme Court of Iowa · 1906
- Bank of Montreal v. IngersonSupreme Court of Iowa · 1898
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