Legal Opinion

Metropolitan Life Insurance v. Dempsey

Court of Appeals of Maryland

Decided April 18, 1890PublishedCited by 7 opinions

Appeal from the Baltimore City Court. Tbe case is stated in the opinion of the Court. First Exception. — Stated in the opinion of the Court.

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Appeal from the Baltimore City Court. Tbe case is stated in the opinion of the Court. First Exception. — Stated in the opinion of the Court. Second Exception. — At the trial the defendant offered the ten prayers following : 1. That if the jury find that this cause was not commenced until more than six months after the death of Mrs. Dempsey, then such fact under the terms of the contract of insurance sued on is conclusive evidence against the plaintiff’s claim, and their verdict must be for the defendant. 2. That if any answer made by Mrs. Dempsey in the application for insurance, offered in…

1Opinion of the CourtBryan, J.

Dempsey obtained a judgment against the Metropolitan Life Insurance Company of New York on a policy of insurance on the life of his wife. Several questions arise on this appeal.

The defendant pleaded, among other defences, that it was not a body corporate. At the trial the plaintiff offered in evidence a book found among the hooks and *293papers in the office of the Insurance Commissioner of the State of Maryland, which was shown to be the only book in the office bearing the defendant’s name. This book contained a document which purported to be a copy of the defendant’s charter, and a copy of its…

2Cases cited2 opinions

  1. Earnshaw v. Sun Mutual Aid SocietyCourt of Appeals of Maryland · 1888
  2. Wellersburg & West Newton Plank Road Co. v. BruceCourt of Appeals of Maryland · 1854

3Cited by7 opinions

  1. John Morrill & Co. v. New England Fire InsuranceSupreme Court of Vermont · 1899
  2. Stocksdale v. JonesCourt of Appeals of Maryland · 1918
  3. Home Friendly Society v. RobersonCourt of Appeals of Maryland · 1904
  4. State Ex Rel. Scaggs v. ReillyCourt of Appeals of Maryland · 1899
  5. Bollinger v. National Fire InsuranceCalifornia Supreme Court · 1944

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