Northwestern Mutual Life-Insurance v. Amos
Michigan Supreme Court
Appeal from Wayne; Brooke, J. Bill by the Northwestern Mutual Life-Insurance Company against Lavern Amos for the surrender and cancellation of certain policies of insurance. From a decree dismissing the bill on demurrer, complainant appeals. Complainant has appealed from a decree sustaining the .demurrer to complainant’s bill in equity. The bill alleges complainant’s due incorporation; that on December 30, 1899, one Walter Gf.
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Appeal from Wayne; Brooke, J. Bill by the Northwestern Mutual Life-Insurance Company against Lavern Amos for the surrender and cancellation of certain policies of insurance. From a decree dismissing the bill on demurrer, complainant appeals. Complainant has appealed from a decree sustaining the .demurrer to complainant’s bill in equity. The bill alleges complainant’s due incorporation; that on December 30, 1899, one Walter Gf. Amos, husband of the defendant, applied to the company for a policy of insurance for $2,000, the annual premium being $62.66; that on the same day he applied for…
1Opinion of the CourtGrant, J.
(after stating the facts). The chief grounds for the demurrer are (1) that the bill shows that the complainant has a complete and adequate remedy at law; (2) that it does not allege that either Walter G. Amos •or the defendant was guilty of any fraud respecting the procurement or possession of said policies.
Certainly no fraud is charged upon Mr. Amos. Neither is any fraud charged upon Mrs. Amos in obtaining possession of them. They were found among his papers in the safe of his employer, but over which he had entire control. ■She certainly had the right to assume that they were valid, and…
2Cases cited4 opinions
- John Hancock Mutual Life Insurance v. DickMichigan Supreme Court · 1897
- Mactavish v. Kent Circuit JudgeMichigan Supreme Court · 1899
- Mack v. Village of FrankfortMichigan Supreme Court · 1900
- Edwards v. Michigan Tontine Investment Co.Michigan Supreme Court · 1902
3Cited by4 opinions
- Fred Macey Co. v. MaceyMichigan Supreme Court · 1906
- Amos-Richia v. Northwestern Mutual Life-InsuranceMichigan Supreme Court · 1906
- Lannin v. LynnMichigan Supreme Court · 1915
- Fred Macey Co. v. MaceyMichigan Supreme Court · 1906