New York Life Insurance v. Flack
Court of Appeals of Maryland
Appeal from Baltimore county court. This was an action of assumpsit, instituted by the appellee, the plaintiff below, upon a policy of insurance for $>5000 upon the life of Jonathan Nesbitt, underwritten by the appellant, the defendant below, and assigned by said Nesbitt to the appellee, in trust for the use of Mary E. Nesbitt. The declaration sets out the policy, its assignment, and the death of Nesbitt. The plea was non assumpsit. Exception.
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Appeal from Baltimore county court. This was an action of assumpsit, instituted by the appellee, the plaintiff below, upon a policy of insurance for $>5000 upon the life of Jonathan Nesbitt, underwritten by the appellant, the defendant below, and assigned by said Nesbitt to the appellee, in trust for the use of Mary E. Nesbitt. The declaration sets out the policy, its assignment, and the death of Nesbitt. The plea was non assumpsit. Exception. The plaintiff offered the policy, the execution of which was admitted, and is dated 26th of October 1849; was for $>5000, (the premium being 130,…
1Opinion of the CourtLe Grand, C. J.
The action in this case was founded on a policy of insurance, underwritten by the appellant, on'the 26th day of October 1849, being an insurance oil the life of Jonathan Nesbitt. On the fifth of June 1850 he died, after having, on the 3rd of the same month, assigned all interest in the policy to the appellee, “for the sole and separate' use of his wife, Mary E. Nesbitt, her executors, administrators and assigns.” Notice of the assignment was not given to the company until after the death of Nesbitt, but on the day when that event took place.
The right of the plaintiff to recover in this action…
2Cases cited3 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Dent v. DentCourt of Appeals of Maryland · 1846
- Gordon v. DowneyCourt of Appeals of Maryland · 1843
3Cited by42 opinions
- New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
- Rorer Iron Co. v. TroutSupreme Court of Virginia · 1887
- Box v. LanierTennessee Supreme Court · 1903
- East Texas Fire Ins.v. CoffeeTexas Supreme Court · 1884
- Rittler v. SmithCourt of Appeals of Maryland · 1889
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