Legal Opinion

Mutual Life Insurance v. Phinney

Supreme Court of the United States

Decided May 28, 1900No. 12PublishedCited by 74 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. On September 22, 1890, Guy O. Phinney, a resident of the State of Washington, applied to the Mutual Life Insurance Company of New York for a policy of insurance on his life for the sum of $100,000, payable to his executors, administrators or assigns.

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. On September 22, 1890, Guy O. Phinney, a resident of the State of Washington, applied to the Mutual Life Insurance Company of New York for a policy of insurance on his life for the sum of $100,000, payable to his executors, administrators or assigns. This application was forwarded by the local agent at Seattle to the general agent of the company at San Francisco, and by him to the home office of the company in New York city. By reason of such application a policy was issued to Phinney, bearing date September 24, 1890, forwarded…

1Opinion of the CourtJustice Brewer

The first question naturally is in respect to the jurisdiction of the Circuit Court of Appeals. The transcript filed in that court, in addition to the record of the proceedings on the trial, which trial culminated in a judgment on October 17,1895, contained: First, a petition for a writ of error filed by counsel for the insurance company, on December 14, 1895 ; then an order by the trial judge, allowing the writ of error and fixing the supersedeas bond at $125,000 ; an assignment of errors; a supersedeas bond, approved by the trial judge; a citation signed by him, and service admitted by…

2Cases cited14 opinions

  1. Sturm v. BokerSupreme Court of the United States · 1893
  2. Central Bank of Washington v. HumeSupreme Court of the United States · 1888
  3. Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
  4. New York Life Insurance v. StathamSupreme Court of the United States · 1876
  5. Equitable Life Assurance Society v. ClementsSupreme Court of the United States · 1891

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3Cited by74 opinions

  1. United States v. MayerSupreme Court of the United States · 1914
  2. Mutual Life Ins. Co. of NY v. CohenSupreme Court of the United States · 1900
  3. Stark v. Equitable Life Assurance Society of United StatesSupreme Court of Minnesota · 1939
  4. Myra Strassberg v. New England Mutual Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1978
  5. Davis v. Metropolitan InsuranceTennessee Supreme Court · 1930

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

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