Pythian Life Ass'n v. Preston
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Ogden, J. The opinion contains a statement .of the case. The agent had no power to waive the condition The policy and application constitute the contract. {Adema v. Lafayette Fire Ins. Co., 36 La.. Ann., 662; Glvrisman v. State Ins. Go., 18 Pac. Rep.. [Ore.], 466; Byers v. Farmers Ins. Go., 35 O. St.„ 606; Fitzrandolph v. Mutual Relief Society, 17 Can.
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Error from the district court of Douglas county. Tried below before Ogden, J. The opinion contains a statement .of the case. The agent had no power to waive the condition The policy and application constitute the contract. {Adema v. Lafayette Fire Ins. Co., 36 La.. Ann., 662; Glvrisman v. State Ins. Go., 18 Pac. Rep.. [Ore.], 466; Byers v. Farmers Ins. Go., 35 O. St.„ 606; Fitzrandolph v. Mutual Relief Society, 17 Can. S. C., 333.) The provisions of the contract could only be waived in .the manner provided by the policy.. {Birmingham Fire Ins. Go. v. Kroegher, 83 Pa. St., 64; Kyte v.…
1Opinion of the CourtHarrison, J.
The defendant in error instituted this action in the district court of Douglas county against the Pythian Life Association to recover the sum of $2,000 alleged to be due her from the life association under and by virtue of a membership certificate therein, or a policy of insurance, claimed to have been issued of date May 31, 1890, upon the life of Willet C. Preston, who was the husband of the defendant in error, and who had died since that date and prior to the commencement of this suit. The plaintiff in error, it appears, was a corporation, organized and existing under the laws of this…
2Cited by8 opinions
- Reppond v. National Life Insurance Co. of AmericaTexas Supreme Court · 1907
- German Insurance v. ShaderNebraska Supreme Court · 1903
- Missouri Pacific Railway Co. v. PalmerNebraska Supreme Court · 1898
- Slobodisky v. Phenix InsuranceNebraska Supreme Court · 1898
- German American State Bank v. Mutual Benefit, Health & Accident Ass'nNebraska Supreme Court · 1921
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