Rhodes v. Royal Union Mutual Life Insurance
Superior Court of Pennsylvania
Appeal, No. 189, Oct. T., 1913, 'by plaintiff, from judgment of C. P. Blair Co., Oct. T., 1910, No. 173, on verdict for defendant in case of Fannie Y. Rhodes v. Royal Union Mutual Life Insurance Company of Des Moines, Iowa. Assumpsit on a policy of life insurance.
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Appeal, No. 189, Oct. T., 1913, 'by plaintiff, from judgment of C. P. Blair Co., Oct. T., 1910, No. 173, on verdict for defendant in case of Fannie Y. Rhodes v. Royal Union Mutual Life Insurance Company of Des Moines, Iowa. Assumpsit on a policy of life insurance. Before Baldridge, P. J. At the trial the jury returned a verdict for plaintiff for $1,112.53. On a motion for defendant n. o. v. Baldridge, P. J., filed the following opinion: Clarence H. Rhodes on March 16, 1907, took out a policy of insurance on his life in the defendant company, in the sum of $1,000, wherein Fannie V. Rhodes,…
1Opinion of the Court
Opinion by
Rice, P. J.,
The first question to be considered is as to the effect of the giving and acceptance of, and the failure to pay at maturity, the thirty days’ note for the third annual premium which fell due on March 18, 1909. The note contained the express agreement that time of payment was of the essence of the contract, that the note was to be accounted simply as an extension of time for payment of the third annual premium, and that if the note was not paid at maturity, with interest, all liability under the policy by reason of the note should cease. The application for the policy…
2Cases cited8 opinions
- Thompson v. Insurance Co.Supreme Court of the United States · 1881
- Iowa Life Insurance v. LewisSupreme Court of the United States · 1902
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
- Holly v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1887
- Lantz v. Vermont L. Ins.Supreme Court of Pennsylvania · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Brams v. New York Life InsuranceSupreme Court of Pennsylvania · 1929
- Peyton v. Equitable Life Assurance SocietySuperior Court of Pennsylvania · 1946
- McDonald v. Columbian National Life InsuranceSupreme Court of Pennsylvania · 1916
- Farmers' & Merchants' Mutual Life Ass'n v. MasonIndiana Court of Appeals · 1917
- Browne v. John Hancock Mutual Life InsuranceSuperior Court of Pennsylvania · 1935
3 more not listed; retrieve them via the Exa API.