Legal Opinion · Dissent

Northwestern Mutual Life-Insurance v. Amos

Michigan Supreme Court

Decided March 29, 1904No. Docket No. 122Published

Appeal from Wayne; Brooke, J. Bill by the Northwestern Mutual Life-Insurance Company against Lavern Amos for the surrender and cancellation of certain policies of insurance. From a decree dismissing the bill on demurrer, complainant appeals. Complainant has appealed from a decree sustaining the .demurrer to complainant’s bill in equity. The bill alleges complainant’s due incorporation; that on December 30, 1899, one Walter Gf.

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Appeal from Wayne; Brooke, J. Bill by the Northwestern Mutual Life-Insurance Company against Lavern Amos for the surrender and cancellation of certain policies of insurance. From a decree dismissing the bill on demurrer, complainant appeals. Complainant has appealed from a decree sustaining the .demurrer to complainant’s bill in equity. The bill alleges complainant’s due incorporation; that on December 30, 1899, one Walter Gf. Amos, husband of the defendant, applied to the company for a policy of insurance for $2,000, the annual premium being $62.66; that on the same day he applied for…

1DissentHooker, J.

The bill of complaint in this cause shows that the policy of insurance of which cancellation is sought came into the possession of the defendant, and was sued upon under circumstances which made such suit and a claim of liability fraudulent. The suit was afterwards removed to the federal court, and, after taking proofs, the plaintiff submitted to a voluntary nonsuit. Subsequently a second suit was begun in the Wayne» circuit court. If the bill states the truth, a paper invalid, for want of delivery, and not a perfect instrument for want of revenue stamps, was, without right, given the'…

2Cases cited33 opinions

  1. Brown v. BuckMichigan Supreme Court · 1889
  2. Tompkins v. HollisterMichigan Supreme Court · 1886
  3. Wales v. NewbouldMichigan Supreme Court · 1860
  4. Smith v. HamiltonMichigan Supreme Court · 1870
  5. John Hancock Mutual Life Insurance v. DickMichigan Supreme Court · 1897

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