Equitable Life Assurance Society of the United States v. Weil
Mississippi Supreme Court
Appeal from the chancery court of Warren county. Hon. E. N. Thomas, Chancellor. Suit by Rudolph Weil against the Equitable Life Assurance Society of the United States. From a decree overruling a demurrer to the bill, defendants appeal. The facts are fully stated in the opinion of the court. The contract in question is a New York contract.
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Appeal from the chancery court of Warren county. Hon. E. N. Thomas, Chancellor. Suit by Rudolph Weil against the Equitable Life Assurance Society of the United States. From a decree overruling a demurrer to the bill, defendants appeal. The facts are fully stated in the opinion of the court. The contract in question is a New York contract. Naturally, therefore, we shall most fully, and primarily, consider its effect in the light of the New York authorities: Uhlman v. New York Life, 109 N. Y. 421, was decided in June, 1888, about four years before this contract was made. The Uhlman policy was…
1Opinion of the CourtCook, J.
Appellee filed his' bill of complaint in the chancery court of Warren county against appellant to enforce payment of a balance claimed to be due complainant out of profits on a tontine policy, which it was alleged consisted of “the accumulated surplus in cash to be apportioned to complainant under said contract.” It is further averred that complainant was entitled to receive on the completion of his tontine period, as his portion of the accumulated surplus, a sum in excess of twelve hundred and sixty-two dollars and thirty-one cents; that he has no means of knowing the exact amount, but that…
2Cases cited4 opinions
- Equitable Life Assurance Society of the United States v. BrownSupreme Court of the United States · 1909
- Uhlman v. . New York Life Ins. Co.New York Court of Appeals · 1888
- Weir v. JonesMississippi Supreme Court · 1904
- Clark v. Equitable Life Assurance SocietyMississippi Supreme Court · 1898
3Cited by9 opinions
- Bass v. California Life Ins. Co.Mississippi Supreme Court · 1991
- Szumigala v. Nationwide Mutual Insurance CompanyCourt of Appeals for the Fifth Circuit · 1988
- Dunn v. State Farm Fire & Casualty Co.District Court, N.D. Mississippi · 1987
- Davidson v. State Farm Fire & Casualty Co.District Court, N.D. Mississippi · 1986
- Gorman v. Southeastern Fidelity InsuranceDistrict Court, S.D. Mississippi · 1985
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