Wilkinson v. Connecticut Mutual Life Insurance
Supreme Court of Iowa
Appeal from Lee District Court. Action upon a policy insuring tbe life of Malinda Jane Wilkinson, tbe wife of plaintiff. Both tbe plaintiff and bis wife were formerly slaves; tbeir freedom was among tbe fruits of tbe rebellion.
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Appeal from Lee District Court. Action upon a policy insuring tbe life of Malinda Jane Wilkinson, tbe wife of plaintiff. Both tbe plaintiff and bis wife were formerly slaves; tbeir freedom was among tbe fruits of tbe rebellion. They came to Keokuk in 1862; were married in 1864; they obtained two policies on her life for bis benefit, and three on bis for her benefit, tbe one in controversy being obtained in September, 1866, for thirty-one hundred dollars; she died in 1869. Tbe defendant admitted tbe policy, death, proof, etc., and pleaded falsity of certain answers in tbe application, and…
1Opinion of the Court
Cole, Ch. J.
I.- The policy was issued “upon the faith of the statements in the application,” with a stipu*116lation that if they “ shall be found in any respect untrue” the policy shall be void. The main contest was upon the truth or falsity of the answers to the following, questions contained in the application signed by the plaintiff and his wife, upon which the policy was issued : -9. Has father, mother, brother or sister of the party died or been afflicted with consumption or any other disease of the lungs, or insanity? If so, state full particulars of each case. No! How many brothers and…
2Cases cited1 opinion
- Stout v. City Fire Insurance Co. of New HavenSupreme Court of Iowa · 1861
3Cited by20 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Alabama Gold Life Insurance v. JohnstonSupreme Court of Alabama · 1886
- Providence Life Assurance Society v. ReutlingerSupreme Court of Arkansas · 1894
- American Bonding Co. v. MorrowSupreme Court of Arkansas · 1906
- Peterson v. Des Moines Life Ass'nSupreme Court of Iowa · 1901
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