Legal Opinion

Schultz v. Citizens' Mutual Life Ins.

Supreme Court of Minnesota

Decided December 7, 1894No. 9114PublishedCited by 16 opinions

Appeal by defendant, the Citizens Mutual Life Insurance Company, from an order of the District Court of Hennepin County, Sea-grave Smith, J., made February 27, 1894, denying its motion for a new trial. The defendant was incorporated under Laws 1885, ch. 184, and insured the life of August C. Schultz of Woonsocket, S. Dak. November 24,1886, in the sum of $2,000 “payable to and for the sole use of his legal representatives.”

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Appeal by defendant, the Citizens Mutual Life Insurance Company, from an order of the District Court of Hennepin County, Sea-grave Smith, J., made February 27, 1894, denying its motion for a new trial. The defendant was incorporated under Laws 1885, ch. 184, and insured the life of August C. Schultz of Woonsocket, S. Dak. November 24,1886, in the sum of $2,000 “payable to and for the sole use of his legal representatives.” The policy provides that only four mortuary assessments shall be made each year and not to exceed twelve deaths can be assessed for in the four calls. The articles of…

1Opinion of the CourtMitchell, J.

The plaintiffs are the widow and children (heirs at law) of August C. Schultz, who died in July, 1892. The defendant is a corporation organized under Laws 1885, ch. 184, “for the transaction of life insurance business on the assessment plan.” This is an action to recover on a policy for $2,000 on the life of August C. Schultz, issued in November, 1886.

1. The first question is, to whom is the policy payable, — to the heirs or to the personal representatives of the insured? By the terms of the policy, the application for the insurance is made a part of it. In this application, in response to…

2Cited by16 opinions

  1. Benjamin v. Mutual Reserve Fund Life Ass'nCalifornia Supreme Court · 1905
  2. Fort v. Iowa Legion of HonorSupreme Court of Iowa · 1909
  3. Ibs v. Hartford Life InsuranceSupreme Court of Minnesota · 1913
  4. Mutual Reserve Fund Life Ass'n v. TaylorSupreme Court of Virginia · 1901
  5. Miller v. MillerSupreme Court of Iowa · 1925

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