Legal Opinion

Kelley v. Caplice

Supreme Court of Kansas

Decided January 15, 1880PublishedCited by 9 opinions

Error from Pottawatomie District Court. Eliza Caplice brought her action in the district court of Pottawatomie county, against M. Kelley and P. H. McHale, on the following writing: “Saint Mary’s, May 9, 1878. “ For and in consideration that Mrs. Eliza Caplice signs and releases all her right, title and interest to and in policy No. 34,169 of Northwestern'Mutual Life Insurance Company for $2,000 on the life of Michael Caplice, for the sole use and benefit of Eliza Caplice,…

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Error from Pottawatomie District Court. Eliza Caplice brought her action in the district court of Pottawatomie county, against M. Kelley and P. H. McHale, on the following writing: “Saint Mary’s, May 9, 1878. “ For and in consideration that Mrs. Eliza Caplice signs and releases all her right, title and interest to and in policy No. 34,169 of Northwestern'Mutual Life Insurance Company for $2,000 on the life of Michael Caplice, for the sole use and benefit of Eliza Caplice, his wife, I hereby agree and bind myself unto the said Eliza Caplice to pay unto her the sum of four hundred and…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

In substance, the case is this: On the 11th day of June, 1875, Michael Caplice, the husband of the defendant in error, was indebted to the plaintiffs in error in the sum of $600. At the time, Michael Caplice had in his possession a certain ten-year endowment policy, issued by the .Northwestern Mutual Life Insurance Company, insuring his life for the benefit of his wife, Eliza Caplice, the defendant in error. To pay the indebtedness of $600, and for $275 in addition, Michael and Eliza Caplice .executed and delivered to P. H. McHale, one of…

Also in this document: Concurrence.

2Cited by9 opinions

  1. Stahl v. StevensonSupreme Court of Kansas · 1918
  2. Andrews v. Public Savings InsuranceIndiana Court of Appeals · 1923
  3. Brown v. HallSupreme Court of Rhode Island · 1883
  4. Caplice v. KelleySupreme Court of Kansas · 1882
  5. Caplice v. KelleySupreme Court of Kansas · 1882

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