McConnell v. Provident Savings Life Assur. Soc. of New York
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Northern Division of Eastern District of Tennessee. For opinion on former appeal, see 69 Fed. 118. This was a hill in equity to correct the date of an insurance policy issued by the defendant upon the life of It. A. McConnell in favor of Mary F. McConnell, his wife, as the beneficiary.
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Appeal from the Circuit Court of the United States for the Northern Division of Eastern District of Tennessee. For opinion on former appeal, see 69 Fed. 118. This was a hill in equity to correct the date of an insurance policy issued by the defendant upon the life of It. A. McConnell in favor of Mary F. McConnell, his wife, as the beneficiary. The policy was dated April 27, 1893. The policy reads as follows: “The Provident Savings Life Assurance Society of New York, in consideration of the ‘stipulation and agreements’ in the application therefor and upon the next page of this policy, all of…
1Opinion of the CourtTaft, Circuit Judge
(after stating Hie facts as above). The action of the circuit court in dismissing Hie bill was right. The policy could not be reformed except on the ground either of fraud or a common mistake of the parties. Then» is not the slightest evidence of fraud on the part of the insurance company. The reason why the date of the policy was made April 27th is palpable from an examination of the medical examiner’s report. That was taken to be the date of the application, as, indeed, it was. The fact that the part of the application signed by the applicant was dirk’d upon (he 2i)th of April is not…
2Cases cited1 opinion
- New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
3Cited by33 opinions
- Wilkie v. New York Mutual Life InsuranceSupreme Court of North Carolina · 1908
- Trapp v. Metropolitan Life Ins. Co.Court of Appeals for the Eighth Circuit · 1934
- McCampbell v. New York Life Ins.Court of Appeals for the Fifth Circuit · 1923
- Thompson v. Fidelity Mutual Life Ins.Tennessee Supreme Court · 1906
- New York Life Ins. Co. v. SilversteinCourt of Appeals for the Eighth Circuit · 1931
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