Legal Opinion

Baker v. Michigan Mutual Protective Ass'n

Michigan Supreme Court

Decided November 1, 1898PublishedCited by 8 opinions

Error to Kalamazoo; Buck, J. Assumpsit by Ella Baker against the Michigan Mutual Protective Association on a policy of life insurance. Prom ' a judgment for plaintiff, defendant brings error.

1Opinion of the CourtMontgomery, J.

The plaintiff is the beneficiary named in an insurance policy issued by the defendant. *432On a trial before a jury, she recovered a verdict of $104.50, and defendant brings error.

The policy was issued December 3, 1896, and the assessment for that month paid. The assured died on the 14th of January, 1897, after the second monthly payment became due, and while the amount remained unpaid. The plaintiff was therefore not entitled to recover unless the default in making this payment is excused. The plaintiff introduced testimony tending to show that, at the time the policy was taken out, the agent of…

2Cases cited1 opinion

  1. People ex rel. King v. Wayne Circuit JudgeMichigan Supreme Court · 1879

3Cited by8 opinions

  1. Rosario v. Atlantic Southern Ins.Supreme Court of Puerto Rico · 1968
  2. Cochran v. National Casualty Co.Michigan Supreme Court · 1933
  3. Equitable Life Assurance Society of United States v. MittelhauserSupreme Court of Florida · 1937
  4. Lambert v. SmilanskyMichigan Supreme Court · 1929
  5. Lessnau v. Catholic Order of ForestersMichigan Supreme Court · 1910

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