Stinchcombe v. New York Life Ins.
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. This is an action by Idonia Stinchcombe against the New York Life Ins. Co. on an insurance policy. George W. Stinchcombe made application, May 5, 1894, at Forest Grove, Or., to defendant for insurance on his life in the sum.of $2,000, payable to his wife, the plaintiff, in ease of his death during the continuance of the policy contemplated to be issued in pursuance thereof.
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From Multnomah: John B. Cleland, Judge. This is an action by Idonia Stinchcombe against the New York Life Ins. Co. on an insurance policy. George W. Stinchcombe made application, May 5, 1894, at Forest Grove, Or., to defendant for insurance on his life in the sum.of $2,000, payable to his wife, the plaintiff, in ease of his death during the continuance of the policy contemplated to be issued in pursuance thereof. Among other things, it was stipulated by the applicant that any policy that might be issued should not be in force until the actual payment to and acceptance of the premium by the…
1Opinion of the CourtChief Justice Wolverton
1. The first question presented in the logical course of inquiry is whether the policy had lapsed prior to the decease of Stinchcombe, July 3, 1896. By its terms the life premium of $47.40 is made payable on the 5th day of May in every year “thereafter,” the premium for two years in advance having been paid on July 24, 1894. Under a condition of the application, the policy was not to be in force until the actual payment to and acceptance of the premium by the company, and during the lifetime and good health of the applicant. There was no binding receipt issued by the company, or its agent,…
2Cases cited15 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
- McMaster v. New York Life InsuranceSupreme Court of the United States · 1901
- Mayor of New York v. Hamilton Fire InsuranceNew York Court of Appeals · 1868
- Kenton Insurance v. DownsCourt of Appeals of Kentucky · 1890
10 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Hoffman v. Employer's Liability Assurance Corp.Oregon Supreme Court · 1934
- Jaloff v. United Auto Indemnity ExchangeOregon Supreme Court · 1926
- Johnson v. American Central Life InsuranceMissouri Court of Appeals · 1922
- Cantey, Adm'r v. Phila. Life Ins. Co.Supreme Court of South Carolina · 1932
- Olson v. American Central Life InsuranceSupreme Court of Minnesota · 1927
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