Legal Opinion

Bennecke v. Insurance Co.

Supreme Court of the United States

Decided March 13, 1882No. 1187PublishedCited by 79 opinions

Error to-the Circuit Court- of the'United States for the Southern District of Illinois. This was an action of- assumpsit brought by Amelia Bennecke. to recover' of the- Connecticut Mutual Life Insurance Company the sum of $2,000 upon a policy of life insurance.

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Error to-the Circuit Court- of the'United States for the Southern District of Illinois. This was an action of- assumpsit brought by Amelia Bennecke. to recover' of the- Connecticut Mutual Life Insurance Company the sum of $2,000 upon a policy of life insurance. The parties having waived a jury, the issues, both of fact and law, were submitted to the court, which made a .special finding, from -which the following facts appear: — On Jan. 29,' 18-78,' Adolph Bennecke procured from ■ the Connecticut Mutual Life Insurance Company, through John Ansley, its agent at Bloomington, 111.,' a policy of…

1Opinion of the CourtJustice Woods

It is not disputed by the plaintiff, that, upon the facts found, the poliey of insurance had been forfeited. It is not insisted .that the company by its agent formally waived the forfeiture, or issued any permit to Bennecke, from which such waiver could be inferred.

But the plaintiff contends that, after the forfeiture of the policy, Ansley, the agent of the company at Bloomington, having on October 17 received the sum usually charged for a permit to reside south of the' thirty-second parallel, between the 1st of July.and the 1st of November, and sent it on the same day to the agents of the…

2Cases cited2 opinions

  1. Owings v. HullSupreme Court of the United States · 1835
  2. Bevin v. Connecticut Mutual Life InsuranceSupreme Court of Connecticut · 1854

3Cited by79 opinions

  1. Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
  2. Knights of Pythias v. KalinskiSupreme Court of the United States · 1896
  3. Calhoun v. MaccabeesTexas Commission of Appeals · 1922
  4. American Locomotive Co. v. Chemical Research Corp.Court of Appeals for the Sixth Circuit · 1948
  5. Prudential Ins. Co. of America v. SameCourt of Appeals for the D.C. Circuit · 1943

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