Wagner v. National Life Ins. Co. of Montpelier
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Michigan. This action was brought by Mary L. Wagner against the National Life Insurance Company of Montpelier, Vt., to recover $5,000 upon a policy of life insurance issued upon the life of her husband, Robert Wagner. Robert Wagner died on the 10th day of December, 1804, and, after due proof of loss and refusal to pay by the company, the writ was issued and the declaration filed.
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In Error to the Circuit Court of the United States for the Eastern District of Michigan. This action was brought by Mary L. Wagner against the National Life Insurance Company of Montpelier, Vt., to recover $5,000 upon a policy of life insurance issued upon the life of her husband, Robert Wagner. Robert Wagner died on the 10th day of December, 1804, and, after due proof of loss and refusal to pay by the company, the writ was issued and the declaration filed. The defendant filed a plea of the general issue, and, as the Michigan practice requires, gave notice of an intention to prove a surrender…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts as above). The first question for our consideration is whether the surrender of the policy, admitted to have been signed by Wagner and Mrs. Wagner, could be impeached for fraud in a court of law. The issues as to the validity of the release were two: First, that it was obtained from the plaintiff by fraudulent representation, made on behalf of the defendant company, as to Wagner’s physical condition; and, second, that Mrs. Wagner was misled as to the character of the instrument, so that she never, in fact, assented to the surrender. The two grounds are quite…
2Cases cited36 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Union Pacific Railway Co. v. HarrisSupreme Court of the United States · 1895
- Illinois Central Railroad v. WelchIllinois Supreme Court · 1869
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
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3Cited by48 opinions
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
- St. Louis S. F. Ry. Co. v. RichardsSupreme Court of Oklahoma · 1909
- Hill v. Northern Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1902
- Jack Mann Chevrolet Co. v. Associates Inv. Co.Court of Appeals for the Sixth Circuit · 1942
- Pacific Mut. Life Ins. v. WebbCourt of Appeals for the Eighth Circuit · 1907
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