Summers v. Mutual Life Insurance Co. of New York
Wyoming Supreme Court
Error to the District Court, Uinta County, HoN. David H. Craig, Judge. William M. Summers brought this action against the Mutual Life Insurance Company of New York. A demurrer was sustained to an amended petition, and the plaintiff refusing to further plead, judgment was rendered in favor of defendant for costs. Plaintiff instituted proceedings in error. The facts are stated in the opinion. Parol contracts of insurance are valid. (Ellis v. Ins.
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Error to the District Court, Uinta County, HoN. David H. Craig, Judge. William M. Summers brought this action against the Mutual Life Insurance Company of New York. A demurrer was sustained to an amended petition, and the plaintiff refusing to further plead, judgment was rendered in favor of defendant for costs. Plaintiff instituted proceedings in error. The facts are stated in the opinion. Parol contracts of insurance are valid. (Ellis v. Ins. Co., 50 N. Y., 402; Trustees, &c., v. Ins. Co., 19 N. Y., 305; Ins. Co. v. Ins. Co., 19 How., 318; Potter v. Ins. Co., 63 Fed., 382; Worth v. Ins.…
1Opinion of the Court
Potter, Justice.
To the amended petition filed in this action, containing seven causes of action, a general demurrer was sustained, and thereupon, the plaintiff declining to plead further, a judgment was rendered in favor of defendant for costs. Of that judgment the plaintiff complains, and assigns as error the order sustaining the demurrer, and the rendition of judgment for defendant. If no error was committed in sustaining the demurrer, there is no error in the judgment. The demurrer being general to the entire petition, it follows that if any one of the several causes of action is…
Also in this document: Concurrence.
2Cases cited29 opinions
- Nash v. TowneSupreme Court of the United States · 1867
- Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
- Lovell v. St. Louis Mutual Life InsuranceSupreme Court of the United States · 1884
- Insurance Co. v. Young's AdministratorSupreme Court of the United States · 1875
- Commercial Mutual Marine Insurance v. Union Mutual Insurance Co.Supreme Court of the United States · 1857
24 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Birt v. Wells Fargo Home Mortgage, Inc.Wyoming Supreme Court · 2003
- Wyoming Sawmills, Inc. v. MorrisWyoming Supreme Court · 1988
- Frost Construction Co. v. Lobo, Inc.Wyoming Supreme Court · 1998
- Matter of Estate of McCormickWyoming Supreme Court · 1996
- Emmons v. IngebretsonDistrict Court, N.D. Iowa · 1968
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