Smith v. Provident Sav. Life Assur. Soc.
Court of Appeals for the Sixth Circuit
Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Ohio. Action by Adelaide M. Smith against the Provident Savings Life Assurance Society of New York on a life policy. This is.a writ of error to review a judgment for the defendant in an action on a policy of life insurance.
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Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Ohio. Action by Adelaide M. Smith against the Provident Savings Life Assurance Society of New York on a life policy. This is.a writ of error to review a judgment for the defendant in an action on a policy of life insurance. The policy was for $15,000, and purported to have been issued by the Provident Savings Life Assurance Society of New York in favor of Adelaide M. Smith on the life of her husband, Adolphus O. Smith. The sole defense of the insurance company was that the policy never took…
1Opinion of the CourtTaft, Circuit Judge
The sole issue in the court below was whether the policy took effect as a contract, and it depended on two questions: First. Had Spink, as general agent of the defendant company, authority to bind it by delivering the policy and receipt to the applicant without receiving the premium in cash? Second. Did Spink and Smith intend a binding delivery and receipt of the policy? If, in every reasonable view of the evidence, either question must he answered in the negative, the action of the court below was right. But if, in any reasonable view of the evidence, both may he answered in. the…
2Cases cited8 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Stanley v. GadsbySupreme Court of the United States · 1836
- Miller v. Life InsuranceSupreme Court of the United States · 1871
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
- Boehen v. . Williamsburgh Insurance Co.New York Court of Appeals · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- MacKelvie v. Mutual Ben. Life Ins. Co. of NewwarkCourt of Appeals for the Second Circuit · 1923
- New York Life Ins. Co. v. SilversteinCourt of Appeals for the Eighth Circuit · 1931
- Schwartz v. Northern Life Ins. Co.Court of Appeals for the Ninth Circuit · 1928
- Mundy v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1895
- ætna Life Ins. Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1926
14 more not listed; retrieve them via the Exa API.