Legal Opinion

Insurance Co. v. Mowry

Supreme Court of the United States

Decided February 11, 1878No. 135PublishedCited by 175 opinions

Error to the- Circuit Court of tbe United States for the District of Rhode Island. This was an action by Daniel 'A. Mowry, upon a. policy of insurance for the sum of $10,000, issued to him, for his sole benefit, by the-Union Mutual Life Insurance Company, — a corporation created by the laws of Maine, — upon the life of Nelson H. Mowry. The facts of the case and the instructions, to the jury are stated-in the opinion of the court.

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Error to the- Circuit Court of tbe United States for the District of Rhode Island. This was an action by Daniel 'A. Mowry, upon a. policy of insurance for the sum of $10,000, issued to him, for his sole benefit, by the-Union Mutual Life Insurance Company, — a corporation created by the laws of Maine, — upon the life of Nelson H. Mowry. The facts of the case and the instructions, to the jury are stated-in the opinion of the court. The concluding clause of the policy is as follows: “ But the same [the policy] shall not be. binding until countersigned and delivered by John Shepley, agent, at…

1Opinion of the Court

Mr. J us tice Field

delivered the opinion of the court.

This was an action on a policy of insurance, issued by the' Union Mutual Life Insurance Company, a corporation created under the laws of Maine, upon the life of Nelson H. Mowry, for the sum of $10,000. The insurance was.'effected by a nephew of the insured, for his sole benefit. The nephew was at the time ■ a creditor of the insured to the extent of $6,000, and had agreed to embark with him in an enterprise requiring the. expenditure of considerable capital, and depending for its success upon the knowledge and skill of the insured in…

2Cases cited3 opinions

  1. Faxton v. FaxonMichigan Supreme Court · 1873
  2. White v. WalkerIllinois Supreme Court · 1863
  3. White v. . AshtonNew York Court of Appeals · 1873

3Cited by175 opinions

  1. Texaco Puerto Rico, Inc. v. Department of Consumer AffairsCourt of Appeals for the First Circuit · 1995
  2. Phoenix Ins. Co. v. DosterSupreme Court of the United States · 1882
  3. Fried v. FisherSupreme Court of Pennsylvania · 1937
  4. Silver King Coalition Mines Co. of Nevada v. Silver King Consol. Mining Co. of UtahCourt of Appeals for the Eighth Circuit · 1913
  5. Birt v. Wells Fargo Home Mortgage, Inc.Wyoming Supreme Court · 2003

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