Connecticut Mut. Life Ins. v. Hillmon
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. This is an action on a policy of life insurance in the sum of $0,000, which was issued ¿larch 4, 1879, on the life of John \V. Ilillmon, for the sole use and benefit of bis wife, Sallie E. Hillmon, the plaintiff below, and the defendant in error here. The case has had an eventful history.
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In Error to the Circuit Court of the United States for the District of Kansas. This is an action on a policy of life insurance in the sum of $0,000, which was issued ¿larch 4, 1879, on the life of John \V. Ilillmon, for the sole use and benefit of bis wife, Sallie E. Hillmon, the plaintiff below, and the defendant in error here. The case has had an eventful history. John ¿V. Hillmon was killed, as it is claimed, on March 17, 1879, by the accidental discharge of a gun at a camp near Medicine Lodge, in a portion of Kansas which was then sparsely settled. The defendant company alleged fraud, and…
1Opinion of the CourtThayer, Circuit Judge
During the progress of the trial, and in its final charge to- the jury, the lower court ruled, in substance, that the defendant company had not averred in its answer that Sallie E. Hillmon, the sole beneficiary in the policy, was a party to the alleged conspiracy between John W. Hillmon, John H. Brown, and Levi Baldwin to defraud it and other life insurance companies; that, as her connection with the conspiracy had not been averred, it could not be claimed that she was a party thereto; that the substantive defense which was pleaded in the answer was that Hillmon was not dead, for -which…
2Cases cited3 opinions
- Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
- People v. . McQuadeNew York Court of Appeals · 1888
- State v. JohnsonSupreme Court of Kansas · 1888
3Cited by7 opinions
- Minnesota Canal & Power Co. v. Koochiching Co.Supreme Court of Minnesota · 1906
- Cook v. John N. Norton Memorial InfirmaryCourt of Appeals of Kentucky · 1918
- Mechanics' Ins. Co. of Philadelphia v. C. A. Hoover Distilling Co.Court of Appeals for the Eighth Circuit · 1909
- Maryland Casualty Co. v. Cook-O'Brien Const. Co.Court of Appeals for the Eighth Circuit · 1934
- United Verde Copper Co. v. JordanCourt of Appeals for the Ninth Circuit · 1926
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