Legal Opinion

State Mut. Life Ins. Co. v. Rosenberry

Texas Commission of Appeals

Decided June 11, 1919No. 72-2832PublishedCited by 38 opinions

Error to Court of Civil Appeals of Fifth Supreme Judicial District. Suit by Charles Mu Rosenberry and another against the State Mutual Life Insurance Company. Judgment for plaintiffs affirmed by the Court of Appeals (175 S. W. 757), and defendant brings error.

1Opinion of the CourtMontgomery, P. J.

This is a suit upon a policy of life insurance issued by the State Mutual Life Insurance Company upon the life of Elmer E. Rosenberry. Charles M. Rosenberry, the beneficiary, and Woodie Rhone, a creditor of Elmer E. Rosenberry, to whom the policy had been assigned as collateral security for a debt, joined as plaintiffs. The pleadings of the parties are shown in the opinion of the Court of Civil Appeals. 175 S. W, 757.

The insurance company in the year 1908 issued the policy to Elmer E. Rosenberry for *'10,000. The policy contained a clause’ making it incontestable after one year from the date…

2Cases cited19 opinions

  1. Massachusetts Benefit Life Ass'n v. RobinsonSupreme Court of Georgia · 1898
  2. Goodwin v. Provident Savings Life Assurance Ass'nSupreme Court of Iowa · 1896
  3. Mutual Life Ins. Co. of New York v. LovejoySupreme Court of Alabama · 1917
  4. Mutual Life Ins. v. DibrellTennessee Supreme Court · 1916
  5. Pacific Mutual Life Insurance v. GalbraithTennessee Supreme Court · 1905

14 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Southland Life Ins. v. HopkinsTexas Commission of Appeals · 1922
  2. Great Southern Life Ins. Co. v. DoyleTexas Commission of Appeals · 1941
  3. Great Southern Life Insurance v. DoyleTexas Supreme Court · 1941
  4. Wastun v. Lincoln Nat. Life Ins. Co. of Ft. Wayne, Ind.Court of Appeals for the Eighth Circuit · 1926
  5. Harris v. Allstate Ins. Co.Court of Appeals of Texas · 1952

33 more not listed; retrieve them via the Exa API.

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