Mutual Life Insurance v. Summers
Wyoming Supreme Court
ERROR to the District Court, Carbon Comity; Hon. David H. Craig, Judge. The material facts are stated in the opinion. The answer raised the bar of the statute of limitations, viz: five years, and alleged that the plaintiff and his assignors each made* a written application for a policy and life insurance, designating therein the kind and- character of .policy applied for, and that the company delivered to each applicant a policy in exact accordance with the written…
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ERROR to the District Court, Carbon Comity; Hon. David H. Craig, Judge. The material facts are stated in the opinion. The answer raised the bar of the statute of limitations, viz: five years, and alleged that the plaintiff and his assignors each made* a written application for a policy and life insurance, designating therein the kind and- character of .policy applied for, and that the company delivered to each applicant a policy in exact accordance with the written application, and that the payments made by plaintiff and his assignors were made as premiums upon said policies. The plaintiff in…
1Opinion of the Court
Scott, Justice.
The defendant in error was plaintiff below and for convenience will hereinafter be referred to as the plaintiff, brought this action against the plaintiff in error, defendant there, and which will hereinafter be referred to as the defendant, to recover the proceeds of a negotiable instrument given by him as the first year’s premium upon an alleged contract for an insurance policy which was to contain certain favorable conditions, which policy it is alleged was never delivered. Plaintiff also alleged that L. V. Shurtleff, George P. Harvey, Robert B. Harvey, John A. Gordon, Peter…
2Cases cited30 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Continental Life Insurance v. ChamberlainSupreme Court of the United States · 1889
- Insurance Company v. MahoneSupreme Court of the United States · 1875
- Brown v. Metropolitan Life InsuranceMichigan Supreme Court · 1887
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3Cited by4 opinions
- York v. North Central Gas Co.Wyoming Supreme Court · 1951
- Fryer v. CampbellWyoming Supreme Court · 1935
- Illinois Bankers' Life Ass'n v. DodsonCourt of Appeals of Texas · 1916
- State Bank of Wheatland v. Bagley Bros.Wyoming Supreme Court · 1932