Bowen v. Mutual Life Ins. Co. of New York
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha Count)1'. Hon. Joseph W. Jones, Judge. Action by Katie Bowen against the Mutual Life Insurance Company of New York. From a judgment for defendant, plaintiff appeals. ■A witness cannot testify as to his understanding of the meaning of a contract. Moline Plow Co. v. Gilbert, 3 Dak. 239; Seitz v. Brewers, etc., Mach. Co., 141 U. S. 518; Eels v. St. Louis, etc., Ry.
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Appeal from Circuit Court, Minnehaha Count)1'. Hon. Joseph W. Jones, Judge. Action by Katie Bowen against the Mutual Life Insurance Company of New York. From a judgment for defendant, plaintiff appeals. ■A witness cannot testify as to his understanding of the meaning of a contract. Moline Plow Co. v. Gilbert, 3 Dak. 239; Seitz v. Brewers, etc., Mach. Co., 141 U. S. 518; Eels v. St. Louis, etc., Ry. Co., 52 Fed. 905; Wilkins v. Carter, 19 S. W. 998; Tourtelot v. Whitehead, 84 N. W. 8; I Greenleaf on Ev. § 275; II Phil. Ev. §350; II Slarkie’s Ev. § 544; Underhill on Ev. § 206. When the Company…
1Opinion of the CourtCorson, J.
This was an action by the plaintiff to recover of the defendant the sum of $1,000 due her upon an alleged contract of insurance. Verdict and judgment being in favor of the defendant, the plaintiff has appealed.
It is disclosed by the record that on the 28th day of January,, 1903, the plaintiff’s husband made a written application to W. B. Fuller, the then soliciting agent of the defendant at Sioux Falls, for a policy of insurance for the said amount upon the 20-year payment plan. The application contained a clause which reads as follows : “This application, made to the Mutual Life Insurance…
2Cases cited17 opinions
- Iowa Life Insurance v. LewisSupreme Court of the United States · 1902
- Equitable Life Assur. Soc. v. McElroyCourt of Appeals for the Eighth Circuit · 1897
- Heiman v. Phœnix Mutual Life InsuranceSupreme Court of Minnesota · 1871
- Russell v. Prudential Insurance of AmericaNew York Court of Appeals · 1903
- Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1875
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cooley v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1929
- Commercial Standard Ins. Co. v. GarrettCourt of Appeals for the Tenth Circuit · 1934
- International Milling Co. v. ReiersonSouth Dakota Supreme Court · 1929
- Missouri State Life Insurance v. SalisburySupreme Court of Missouri · 1919
- Cole v. Wellmark of South Dakota, Inc.South Dakota Supreme Court · 2009
1 more not listed; retrieve them via the Exa API.