Legal Opinion

McCall v. Phœnix Mutual Life Insurance

West Virginia Supreme Court

Decided July 21, 1876PublishedCited by 15 opinions

Supersedeas -to a judgment of the municipal court of Wheeling, granted on the petition of the defendant below, to a judgment of said court, rendered on'the twenty-third day of February, 1876, in- a suit therein pending, wherein Thomas McCall was plaintiff, and the Phoenix Mutual Life Insurance Company, defendant. The opinion of Haymond, President, contains a full statement of the case. The Hon. Gibson L. Cranmer, judge of said municipal court, presided at the trial below.

1Opinion of the Court

HAYMOND, PRESIDENT :

This is an action of trespass in the case in assumpsit, brought in the municipal court of "Wheeling, by the plaintiff, against the defendant, to recover $495.85, money paid to defendant, by plaintiff, as first premium on policy No. 78,355, on the life of plaintiff. After the suit was brought, and on the 20th day of November, 1875, the defendant appeared to the action, and plead non assumpsit, on which plea, issue was regularly joined. Afterwards, a trial by jury was had in the cause, on the issue joined, and the jury found a verdict in favor of the plaintiff, for $564.12,…

2Cases cited2 opinions

  1. McKee v. Phœnix InsuranceSupreme Court of Missouri · 1859
  2. Simmons v. Insurance Co.West Virginia Supreme Court · 1875

3Cited by15 opinions

  1. Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
  2. McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
  3. Mutual Reserve Fund Life Ass'n v. FerrenbachCourt of Appeals for the Eighth Circuit · 1906
  4. Washington Life Ins. Co. v. LovejoyCourt of Appeals of Texas · 1912
  5. Supreme Council A. L. H. v. BlackCourt of Appeals for the Third Circuit · 1903

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