Union Central Life Insurance v. Taggart
Supreme Court of Minnesota
Appeal by defendant, James R Taggart, from an order of the District Court of Hennepin County, Charles M. Pond, J., made February 2, 1893, denying his motion for a new trial.
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Appeal by defendant, James R Taggart, from an order of the District Court of Hennepin County, Charles M. Pond, J., made February 2, 1893, denying his motion for a new trial. The plaintiff, the Union Central Life Insurance Company, a corporation of Cincinnati, Ohio, on December 10, 1887, issued its policy to defendant, whereby it insured his life in the sum of $2,500 in consideration of the annual payment of $100.02 to it, on December 15 in each year during the term of fifteen years. One of the conditions in the policy was, that it should not be valid until the first year’s premium was paid.…
1Opinion of the CourtMitchell, J.
The notes in suit were executed for part of the first year’s premiúm on a policy of insurance on the life of the defendant. One of the conditions annexed to the policy was that it “shall not be valid or binding until the first premium is paid to the company or its authorized agent.” The main contention of the defendant, and the only one we deem it necessary to consider, is that there was an entire want of consideration for the notes, for the reason that, under the condition quoted, the policy never became operative, because the first year’s premium had not been paid in cash. There is clearly…
2Cases cited2 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- O'Donnell v. BurroughsSupreme Court of Minnesota · 1893
3Cited by13 opinions
- Kilborn v. Prudential InsuranceSupreme Court of Minnesota · 1906
- Ferguson v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1904
- Coughlin v. Reliance Life InsuranceSupreme Court of Minnesota · 1925
- Sawyer v. Mutual Life InsuranceSupreme Court of Minnesota · 1926
- Commercial Standard Ins. Co. v. GarrettCourt of Appeals for the Tenth Circuit · 1934
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