Johnson v. New York Life Insurance
Supreme Court of the United States
ERROR TO'THE SUPREME COURT OF THE STATE OF IOWA. This was an action upon a policy of insurance upon the life of Frank C. Johnson, dated December 27, 1890, whereby the defendant insured his life in the sum of $25,000 for the benefit of his executors, administrators or assigns. This policy was assigned to the plaintiff in 1895, and on September 28,1896, Johnson died. The annual premium was fixed at $1060, payable in advance on November 11 of each year..
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ERROR TO'THE SUPREME COURT OF THE STATE OF IOWA. This was an action upon a policy of insurance upon the life of Frank C. Johnson, dated December 27, 1890, whereby the defendant insured his life in the sum of $25,000 for the benefit of his executors, administrators or assigns. This policy was assigned to the plaintiff in 1895, and on September 28,1896, Johnson died. The annual premium was fixed at $1060, payable in advance on November 11 of each year.. There was the usual provision for forfeiture in case of non-payment of premiums. The premium was paid on November 11,1892, but no payments were…
1Opinion of the Court
Me. Justiob BeowN,
after making the foregoing statement, delivered the opinion of the court.
This case must be dismissed for two reasons.
' 1. Plaintiff relies for a reversal upon the fact that full faith and credit were not given to the law of the State of New York requiring a notice of thirty days before the forfeiture of any insurance policy, which was pleaded in the case. This however is a title, right, privilege or immunity claimed under the Constitution of the United States, within the third clause of Rev. Stat. sec. 709, which must be “ specially set up and claimed ” by the party seeking…
2Cases cited5 opinions
- Baltimore & Potomac Railroad v. HopkinsSupreme Court of the United States · 1889
- President of the Commercial Bank of Cincinnati v. Buckingham's ExecutorsSupreme Court of the United States · 1847
- Lloyd v. MatthewsSupreme Court of the United States · 1894
- Banholzer v. New York Life InsuranceSupreme Court of the United States · 1900
- Glenn v. GarthSupreme Court of the United States · 1893
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- Finney v. GuySupreme Court of the United States · 1903
- Manhattan Life Ins. Co. of NY v. CohenSupreme Court of the United States · 1914
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