Legal Opinion

Beatty v. Mutual Reserve Fund Life Ass'n

Court of Appeals for the Ninth Circuit

Decided June 1, 1896No. 261PublishedCited by 9 opinions

Error to Hie United States Circuit Court for tlie Northern District of California. This is an action brought by George W. Beatty, the plaintiff in error, to recover from the defendant the sum of f>á,000 on a certificate or contract of insurance upon the life of Edwin L. Smith, a debtor of the plaintiff.

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Error to Hie United States Circuit Court for tlie Northern District of California. This is an action brought by George W. Beatty, the plaintiff in error, to recover from the defendant the sum of f>á,000 on a certificate or contract of insurance upon the life of Edwin L. Smith, a debtor of the plaintiff. The certificate of insurance declares that; “In consideration of the application for this certificate of membership, * * * and in further considera,tion of the admission fee paid and of the dues for expenses to be paid on or before the sixth day of May in every year during the continuance of…

1Opinion of the CourtHawley, District Judge

1. Did the court err in instructing the jury to find a verdict for defendant? This is the ultimate question for decision in this case. But to reach a proper decision other questions must be discussed and disposed of. Certain elementary principles will first be noticed, as they furnish the keynote to a proper solution of the main question. The law is well settled that when the evidence in any given case is conflicting, or the facts therein disputed, or where the facts are of such a character that different minds might honestly draw different conclusions from them, the case must be left to the…

2Cases cited39 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. Railroad Co. v. StoutSupreme Court of the United States · 1874
  3. Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
  4. Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
  5. Pleasants v. FantSupreme Court of the United States · 1875

34 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Mee v. Bankers' Life Ass'nSupreme Court of Minnesota · 1897
  2. Mutual Reserve Fund Life Ass'n v. TuchfeldCourt of Appeals for the Sixth Circuit · 1908
  3. Cox v. RobinsonCourt of Appeals for the Ninth Circuit · 1897
  4. City of Newport News v. WoodwardSupreme Court of Virginia · 1905
  5. Farmers Mutual Life Protective Ass'n v. ElliottCourt of Appeals of Georgia · 1908

4 more not listed; retrieve them via the Exa API.

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