Legal Opinion

Insurance Co. v. Eggleston

Supreme Court of the United States

Decided April 29, 1878No. 170PublishedCited by 179 opinions

Error to tbe District Court of the' United States for the Northern District of Mississippi.. ■ This was an action in the District Court, of the United States for • the Northern District of Mississippi, having' the same powers as a Circuit Court, on a policy, of life insurance, issued by the plaintiff in error, the defendant, below, a New York corporation doing business in the city- of New York, on’ the 11th of November, 1868, for the sum of. $5,000, on the life of Edward C.…

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Error to tbe District Court of the' United States for the Northern District of Mississippi.. ■ This was an action in the District Court, of the United States for • the Northern District of Mississippi, having' the same powers as a Circuit Court, on a policy, of life insurance, issued by the plaintiff in error, the defendant, below, a New York corporation doing business in the city- of New York, on’ the 11th of November, 1868, for the sum of. $5,000, on the life of Edward C. Eggleston, .a resident .of the State of Mississippi, fo.r the benefit of his children, Louisa and Thomas, and in…

1Opinion of the CourtJustice Rbadley

We have recently,' in the case of Insurance Company v. Norton (supra, p. 234), shown that forfeitures are not favored in the law; and that courts are always prompt to seize hold of any circumstances that indicate an election to waive a forfeiture, or an agreement to do so on which the party has relied and acted. Any agreement, declaration, or course. of action, on the part of ■ an insurance company, which leads a party insured’ honestly to believe that by conforming thereto a forfeiture of his policy will not be incurred, followed' by due conformity on his part, will and ought to estop the…

2Cases cited2 opinions

  1. New York Life Insurance v. StathamSupreme Court of the United States · 1876
  2. Insurance Co. v. DavisSupreme Court of the United States · 1877

3Cited by179 opinions

  1. Thompson v. Insurance Co.Supreme Court of the United States · 1881
  2. Bollinger v. National Fire InsuranceCalifornia Supreme Court · 1944
  3. Wilber Nat. Bank of Oneonta v. United StatesSupreme Court of the United States · 1935
  4. Hartford Life Annuity Insurance v. UnsellSupreme Court of the United States · 1892
  5. Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890

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