Hagerman v. Mutual Life Insurance
Supreme Court of Colorado
Error to Denver District Court—Hon. P. L. Palmer, Judge. On October 6, 1898, the plaintiff in error filed ber complaint against tbe defendant in error, in what is now the district court of the city and county of Denver, alleging that, on May 17, 1866, the defendant, a corporation of the state of New York, issued a policy of insurance to one Fannie Heller upon the life of her husband, David Heller.
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Error to Denver District Court—Hon. P. L. Palmer, Judge. On October 6, 1898, the plaintiff in error filed ber complaint against tbe defendant in error, in what is now the district court of the city and county of Denver, alleging that, on May 17, 1866, the defendant, a corporation of the state of New York, issued a policy of insurance to one Fannie Heller upon the life of her husband, David Heller. The policy is set out in full in the complaint, and, in so far as material, is as follows: “This policy of insurance witnesseth, that'The Mutual Life Insurance Company of New York, in consideration…
1Opinion of the CourtJustice Musser
The plaintiff devotes considerable space in her brief to a discussion of the question of the power of Fannie Heller to assign the policy of insurance, and claims that, under the laws of New York, she had such right. It is not necessary to discuss this question. The defendant grants that she had the power and right to assign the policy. It seems that, by her complaint, the plaintiff claims that, by the assignment from the Hellers, she became vested with the absolute and unqualified ownership of the policy and all rights thereunder, and that, therefore, she is the owner of the paid-up policy,…
2Cases cited5 opinions
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Knickerbocker Life Insurance v. WeitzMassachusetts Supreme Judicial Court · 1868
- United States Trust Co. v. Mutual Benefit Life InsuranceNew York Court of Appeals · 1889
- Anderson v. . GoldsmidtNew York Court of Appeals · 1886
- Travellers' Insurance v. HealeyNew York Supreme Court · 1895
3Cited by1 opinion
- Stewart-Noble Drug Co. v. Bishop-Babcock-Becker Co.Supreme Court of Colorado · 1916