McLemore v. Western Union Tel. Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Mc-Camant. This is an action brought by Jessie McLemore, the widow of Homer McLemore, to recover the sum of $2,700 claimed to be due her as a life insurance benefit under a plan promulgated by the defendant January 1,1913. It appears that Homer McLemore entered the employ of the defendant in March, 1912, and remained in such employ until March 1, 1915, when he lost his life through accident while…
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From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Mc-Camant. This is an action brought by Jessie McLemore, the widow of Homer McLemore, to recover the sum of $2,700 claimed to be due her as a life insurance benefit under a plan promulgated by the defendant January 1,1913. It appears that Homer McLemore entered the employ of the defendant in March, 1912, and remained in such employ until March 1, 1915, when he lost his life through accident while in the performance of his work. While plaintiff’s husband was working for defendant, the latter announced a plan for…
1Opinion of the CourtMcCAMANT, J.
1. It is contended that the plan promulgated by the defendant should be treated like a policy of life insurance and construed strictly against defendant. This contention is supported by Western Union Tel. Co. v. Hughes, 228 Fed. 885 (143 C. C. A. 283). We are committed to such strict construction in the case of a life insurance policy: Stringham v. Mutual Ins. Co., 44 Or. 447, 448 (75 Pac. 822). This is not an action on a life insurance policy. The defendant is not a life underwriter, but a telegraph company. Its promulgation of the plan under which this action is brought is differentiated…
2Cases cited10 opinions
- State v. HammelsyOregon Supreme Court · 1908
- McNevin v. Solvay Process Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Livesley v. Krebs Hop Co.Oregon Supreme Court · 1910
- Woods v. WikstromOregon Supreme Court · 1913
- Stringham v. Mutual Ins.Oregon Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hurd v. Illinois Bell Telephone CompanyDistrict Court, N.D. Illinois · 1955
- Schofield v. Zion's Co-Op. Mercantile InstitutionUtah Supreme Court · 1934
- Menke v. ThompsonCourt of Appeals for the Eighth Circuit · 1944
- Cowles v. Morris & Co.Illinois Supreme Court · 1928
- Rose City Transit Co. v. City of PortlandCourt of Appeals of Oregon · 1974
7 more not listed; retrieve them via the Exa API.