Mutual Life Ins. v. Blair
U.S. Circuit Court for the District of Eastern Missouri
In Equity. On plea in bar to the jurisdiction of the court. On the 8th day of January, 1902, complainant and James L. Blair entered into a contract of insurance upon the life of said James L. Blair.
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In Equity. On plea in bar to the jurisdiction of the court. On the 8th day of January, 1902, complainant and James L. Blair entered into a contract of insurance upon the life of said James L. Blair. This contract, among others, contains the following stipulations and agreements of parties: “The Mutual Life Insurance Company of New York in consideration of the application for this policy, which is hereby made a part of this contract, insures the life of James L. Blair of Kirkwood, in the County of St. Louis, state of Missouri, hereinafter known as the insured, in the sum of two hundred…
1Opinion of the Court
POLLOCK, District Judge.
The office of the plea in this case is to bring before the court the fact of the death of the assured, and the subsequent bringing and pendency of the action at law upon the policy as distinct facts in bar of this suit. Farley v. Kittson, 120 U. S. 303, 7 Sup. Ct. 534, 30 L. Ed. 684; Hughes v. Blake, 6 Wheat. 453, 5 L. Ed. 303; Rhode Island v. Massachusetts, 14 Pet. 210, 10 L. Ed. 423; Mitford on Pleading (4th Ed.) §§ 14, 219, 295; Story, Equity Pleading, §§ 649, 652. This plea does not bring before the court for consideration the want of equity in complainant’s bill.…
2Cases cited32 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Mollan v. TorranceSupreme Court of the United States · 1824
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Oelrichs v. SpainSupreme Court of the United States · 1872
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
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3Cited by9 opinions
- Connecticut Mutual Life Insurance v. Merritt-Chapman & Scott Corp.Court of Chancery of Delaware · 1932
- Mutual Life Ins. Co. v. GriesaU.S. Circuit Court for the District of Kansas · 1907
- National Council of Knights & Ladies of Security v. WeislerSupreme Court of Minnesota · 1915
- Kanevsky v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1916
- Massachusetts Bonding & Ins. Co. v. AndereggCourt of Appeals for the Ninth Circuit · 1936
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