Sladden v. New York Life Ins. Co.
Court of Appeals for the Seventh Circuit
. In Error to tbe Circuit Court of tbe United States for tbe Northern Division of tbe Northern District of Illinois. . This action was brought by the plaintiff in error, S. 0. Sladden, as executor, to recover the amount of a policy of insurance upon the life of his wife, Mary, to whose executors, administrators, or assigns the policy had been made payable.
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. In Error to tbe Circuit Court of tbe United States for tbe Northern Division of tbe Northern District of Illinois. . This action was brought by the plaintiff in error, S. 0. Sladden, as executor, to recover the amount of a policy of insurance upon the life of his wife, Mary, to whose executors, administrators, or assigns the policy had been made payable. The declaration embodies a copy of the policy, which contains the usual clause making the written application, with its “agreements, statements, and warranties,” a part of the contract. A number of pleas were interposed alleging breaches of…
1Opinion of the CourtWoods, Circuit Judge
No exception having been saved to the peremptory instruction upon which the verdict was returned, the ninth specification of error, instead of being sufficient to bring the whole case before the court, presents no question whatever; and, unless there was error in excluding material evidence, the judgment below must be affirmed. We have considered the meaning and application of rule 11 in a number of cases, and in U. S. v. Indian Grave Drainage Dist., 85 Fed. 928, have explained that, when an exception is to be saved to the exclusion of testimony, a statement should be made to the court at the…
2Cases cited6 opinions
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Continental Life Insurance v. RogersIllinois Supreme Court · 1887
- Continental Life Insurance v. ChamberlainSupreme Court of the United States · 1889
- Piedmont, Etc. Life-Ins. Co. v. Ewing, Etc.Supreme Court of the United States · 1876
- Continental Life Insurance v. KesslerIndiana Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McDermott v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
- Dechter v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1915
- Caruthers v. Kansas Mut. Life Ins.U.S. Circuit Court for the District of Eastern Arkansas · 1901
- Atlas Distilling Co. v. RheinstromCourt of Appeals for the Seventh Circuit · 1898
- Knights & Ladies of Security v. GreySupreme Court of Oklahoma · 1918
1 more not listed; retrieve them via the Exa API.