Hogben v. Metropolitan Life Insurance
Supreme Court of Connecticut
Action to recover the aggregate amount of premiums paid by the plaintiff to the defendant under a claimed mistake of law and fact, brought to the Superior Court in New Haven County and tried to the jury before Thayer, J.; verdict and judgment for the defendant, and appeal by the plaintiff for alleged errors in the charge of the court.
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Action to recover the aggregate amount of premiums paid by the plaintiff to the defendant under a claimed mistake of law and fact, brought to the Superior Court in New Haven County and tried to the jury before Thayer, J.; verdict and judgment for the defendant, and appeal by the plaintiff for alleged errors in the charge of the court. It appears that on May 8th, 1887, one Ellen K. Cannon signed an application to the defendant insurance company, for insurance on her life for the benefit of her son, John M. Cannon. The insurance applied for was that known as industrial insurance; the amount was…
1Opinion of the CourtHamersley, J.
The undisputed facts do not necessarily establish a valid contract of insurance between the defendant and Ellen K. Cannon. It is not enough for such purpose that the defendant signed a policy of insurance in pursuance of Mrs. Cannon’s application, and tendered it to her. The testimony tends to prove, if it does not clearly show, that after signing the application Mrs. Cannon changed her mind; that she refused to accept the policy when tendered, and never received it; that neither she nor the beneficiary named in the policy paid the first premium or any premium, or authorized payment of the…
2Cases cited3 opinions
- Whiting v. Massachusetts Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1880
- Rogers v. Charter Oak Life InsuranceSupreme Court of Connecticut · 1874
- Occum Co. v. A. & W. Sprague Manufacturing Co.Supreme Court of Connecticut · 1868
3Cited by9 opinions
- Bradbury v. City of South NorwalkSupreme Court of Connecticut · 1907
- Travis v. Nederland Life Ins.Court of Appeals for the Eighth Circuit · 1900
- American Nat. Ins. Co. v. SmithCourt of Appeals of Texas · 1929
- Donovan v. Connecticut Co.Supreme Court of Connecticut · 1912
- Schleifenbaum v. RundbakenSupreme Court of Connecticut · 1909
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