Insurance Co. v. Dutcher
Supreme Court of the United States
Appeal from the Circuit Court .of the United States for the Eastern District of Missouri. This was a bill in equity filed by Clinton O. Dutcher and wife against the Brooklyn Insurance Company of New York, claiming that Mrs. Dutcher, under her contract with the company, and by-reason of,her payment of. certain annual premiums, was entitled to a paid-up policy of insurance upon the life of her husband for $4,000, and praying for a specific perfor'maáce.
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Appeal from the Circuit Court .of the United States for the Eastern District of Missouri. This was a bill in equity filed by Clinton O. Dutcher and wife against the Brooklyn Insurance Company of New York, claiming that Mrs. Dutcher, under her contract with the company, and by-reason of,her payment of. certain annual premiums, was entitled to a paid-up policy of insurance upon the life of her husband for $4,000, and praying for a specific perfor'maáce. A decree was rendered for the complainants, and the company appealed here. The facts are stated in the opinion of the court.
1Opinion of the CourtJustice Swayne
In order to reach the proper solution of the question to' be decided, it is necessary at the outset carefully to' analyze so much of the "policy as bears upon the subject!'- '
^ It was there stipulated, that, in consideration of the paymient of the sum of $615.40, and the payment'of" that sum annually thereafter on the twenty-eighth day of 'February, until ten years’ premiums should be paid, the lifé'of Clinton O. Dutcher was assured for the term of his natural life in the sum of $10,000, with participation in the profits of the company.
The insurance money, upon, his death, was to be paid to…
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