Mutual Life Ins. Co. v. Mandelbaum
Supreme Court of Alabama
Appeal from Circuit Court, Tuscaloosa County; Henry B. Foster, Judge. Action by Temmie Mandelbaum against the Mutual Life Insurance Company of New York, upon a policy issued on the life of Solly Mandelbaum, in which she was named as beneficiary. Judgment for the plaintiff, and the defendant appealed.
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Appeal from Circuit Court, Tuscaloosa County; Henry B. Foster, Judge. Action by Temmie Mandelbaum against the Mutual Life Insurance Company of New York, upon a policy issued on the life of Solly Mandelbaum, in which she was named as beneficiary. Judgment for the plaintiff, and the defendant appealed. The application was attached to the policy, as required by section 4529 of the Code of 190¡T, and was therefore a part of the same. 203 Ala. 145, 82 South. 175; 202 Ala. 259, 80 South. 97; 201 Ala. 337, 78 South. 299, L. R. A. 1918D, 860; 198 Ala. 41, 73 South. 377. The stipulations set up in…
1Opinion of the CourtGardner, J.
Appellee sued appellant upon an insurance policy, insuring the life the one Solly Mandelbaum, her husband, in which she was named as beneficiary. From a judgment for the plaintiff the defendant prosecutes this appeal.
Numerous’ pleas were interposed and sustained by the rulings of the court below, setting up fraudulent representations with intent to deceive on the part of the insured at the time of his application for a policy; and also certain representations contained in the policy as to his physical condition, which were alleged to have been untrue, and concluding with the averment that…
2Cases cited15 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Northwestern National Life Insurance v. RiggsSupreme Court of the United States · 1906
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Empire Life Insurance v. GeeSupreme Court of Alabama · 1911
- Mutual Life Ins. v. DibrellTennessee Supreme Court · 1916
10 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Prudential Ins. Co. of America v. SameCourt of Appeals for the D.C. Circuit · 1943
- Mutual Life Ins. Co. v. MaddoxSupreme Court of Alabama · 1930
- Reliance Life Ins. Co. v. SneedSupreme Court of Alabama · 1928
- Brotherhood of Railway & Steamship Clerks, Freight Handlers, Express & Station Employees v. RigginsSupreme Court of Alabama · 1925
- Independent Life Ins. Co. v. ButlerSupreme Court of Alabama · 1930
39 more not listed; retrieve them via the Exa API.