Legal Opinion

Broughton v. Equitable Life Assur. Soc. of United States

Court of Appeals for the Fifth Circuit

Decided July 6, 1934No. 7324PublishedCited by 9 opinions

1Opinion of the Court

FOSTER, Circuit Judge.

Appellant brought suit to recover on a policy of life insurance issued by appellee to her husband, James W. Broughton, in the sum of $5,000'. Error is assigned to the direction of a verdict for defendant. Other errors assigned are abandoned.

The material facts are not in dispute. It appears that the policy lapsed for failure to pay a quarterly premium of $16.45 due on August 8,1931. The policy contained the usual provision for a grace of thirty-one days for the payment of premiums. On October 5, 1931, after the grace period had expired, the insured wrote to Edward A.…

2Cases cited8 opinions

  1. Thompson v. Insurance Co.Supreme Court of the United States · 1881
  2. Hartford Life Annuity Insurance v. UnsellSupreme Court of the United States · 1892
  3. Bender v. FrombergerSupreme Court of the United States · 1806
  4. Equitable Life Assurance Society of the United States v. PettidArizona Supreme Court · 1932
  5. Kennedy v. Grand FraternityMontana Supreme Court · 1907

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3Cited by9 opinions

  1. James v. United StatesCourt of Appeals for the Fourth Circuit · 1950
  2. New York Life Ins. Co. v. OdomCourt of Appeals for the Fifth Circuit · 1937
  3. United States v. HolleyCourt of Appeals for the Fifth Circuit · 1952
  4. Gressler v. New York Life Ins. Co.Utah Supreme Court · 1945
  5. Tatum v. Guardian Life Ins. Co.Court of Appeals for the Second Circuit · 1935

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