Pelican v. Mutual Life Insurance
Montana Supreme Court
Appeal from, District Court, Silver Bow County; Jeremiah J. Jjynch, Judge, Action by Jennie Pelican against tbe Mutual Life Insurance Company of New York. Judgment for plaintiff, and defendant appeals from the judgment and an order denying it a new trial. Statement op the Case bt the Justice Delivering the Opinion. Action on a policy of insurance.
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Appeal from, District Court, Silver Bow County; Jeremiah J. Jjynch, Judge, Action by Jennie Pelican against tbe Mutual Life Insurance Company of New York. Judgment for plaintiff, and defendant appeals from the judgment and an order denying it a new trial. Statement op the Case bt the Justice Delivering the Opinion. Action on a policy of insurance. The Mutual Life Insurance Company of New York, the defendant, on October 9, 1908, issued to Henry Pelican, in Butte, Montana, a policy of insurance on his life for $1,000, designating the plaintiff herein, his surviving wife, the beneficiary; the…
1Opinion of the CourtChief Justice Brantly
1. Plaintiff, being sworn, testified that she was the surviving wife of Henry Pelican, the beneficiary named in the policy, and that no part of the sum stipulated for therein had been paid. Her counsel then introduced the policy and rested. Thereupon counsel for defendant moved for a nonsuit on the ground that plaintiff had failed to show that Pelican was in good health at the time the policy was delivered. The motion was overruled. Defendant assigns error. Counsel argue that, since in the application Pelican agreed that the contract should not become effective unless the first premium was…
2Cases cited15 opinions
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- Equitable Life Assur. Soc. v. McElroyCourt of Appeals for the Eighth Circuit · 1897
- Power & Bro., Ltd. v. TurnerMontana Supreme Court · 1908
- Alabama Gold Life Insurance v. JohnstonSupreme Court of Alabama · 1886
- Globe Mutual Life Insurance v. WagnerIllinois Supreme Court · 1900
10 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Continental Casualty Co. v. OwenSupreme Court of Oklahoma · 1913
- Owen v. United States Surety Co.Supreme Court of Oklahoma · 1913
- Hanson Sheep Co. v. Farmers & Traders' State BankMontana Supreme Court · 1917
- Massachusetts Bonding & Insurance v. HoxieSupreme Court of Florida · 1937
- Montana Auto Finance Corp. v. Federal Surety Co.Montana Supreme Court · 1929
19 more not listed; retrieve them via the Exa API.