Spaulding v. Mutual Life Insurance
Supreme Court of Vermont
Action oe Contract on a life insurance policy. Heard by Court on defendant’s demurrer to plaintiffs’ replication to defendant’s answer at the September Term, 1919, Washington County,- Butler, J., presiding. The demurrer was sustained, the replication adjudged insufficient, and, on defendant’s motion for judgment, judgment in chief for the plaintiff for the sum only tendered into court by the defendant, and for the defendant to recover its costs. .The plaintiffs excepted.
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Action oe Contract on a life insurance policy. Heard by Court on defendant’s demurrer to plaintiffs’ replication to defendant’s answer at the September Term, 1919, Washington County,- Butler, J., presiding. The demurrer was sustained, the replication adjudged insufficient, and, on defendant’s motion for judgment, judgment in chief for the plaintiff for the sum only tendered into court by the defendant, and for the defendant to recover its costs. .The plaintiffs excepted. The opinion states the case.
1Opinion of the CourtMiles, J.
This is a suit upon a policy of insurance upon the life of Orvie M. Jones, and is one of two policies for the sum of $5,000 each, numbered respectively 2,171,545, and 2,171,-547. Both policies were issued August 10, 1914, and were alike when issued; but on September 9, 1914, number 2,171,547, the policy now in suit, was changed by making Jennie L. Jones, wife of the insured, sole beneficiary in place of herself and the children of the insured, as the policy was originally written.
The defendant pleaded in both actions that certain answers in the application, material to the risk and upon which…
2Cases cited12 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Blondin v. BrooksSupreme Court of Vermont · 1910
- Powers v. Trustees of Caledonia County Grammar SchoolSupreme Court of Vermont · 1919
- State v. SargoodSupreme Court of Vermont · 1907
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3Cited by8 opinions
- United States Fidelity & Guaranty Co. v. McCarthyCourt of Appeals for the Eighth Circuit · 1929
- State v. BisselSupreme Court of Vermont · 1934
- State v. BissellSupreme Court of Vermont · 1934
- Spaulding v. Mutual Life InsuranceSupreme Court of Vermont · 1922
- Valcour v. Village of MorrisvilleSupreme Court of Vermont · 1932
3 more not listed; retrieve them via the Exa API.