Legal Opinion

Insurance Co. v. Young's Administrator

Supreme Court of the United States

Decided May 18, 1875No. 203PublishedCited by 78 opinions

Error to the Circuit Court for the District of California, in which court the administrator of McPherson Young, of San Francisco, sued the Mutual Life Insurance Company of New York (a company incorporated by the State of New York but having a general agent, one H. S. Homans, at San Francisco, and an office there for the transaction of life insurance business) to recover $5000, which the administrator alleged had been insured by the said company on the life of his decedent…

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Error to the Circuit Court for the District of California, in which court the administrator of McPherson Young, of San Francisco, sued the Mutual Life Insurance Company of New York (a company incorporated by the State of New York but having a general agent, one H. S. Homans, at San Francisco, and an office there for the transaction of life insurance business) to recover $5000, which the administrator alleged had been insured by the said company on the life of his decedent and not paid. The case was submitted to the court under the act of March 3d, 1865, without the intervention of a jury.…

1Opinion of the CourtJustice S Wayne

The question presented for our determination is whether the findings warrant the judgment. The facts found lie within a narrow compass.

Several, objections, some of them technical, have been taken by the counsel for the plaintiff in error to the judgment rendered. "We shall confine our remarks to on i of them. It is fundamental, and goes to the right, justice, and law of the case. The receipt of the 5th of June was the initial step of the parties. It reserved the absolute right to the company to accept or reject the proposition which it contained. There was a necessary implication, that if it…

2Cases cited2 opinions

  1. Coles v. BowneNew York Court of Chancery · 1844
  2. Baldwin v. MildebergerThe Superior Court of New York City · 1829

3Cited by78 opinions

  1. Gaunt v. John Hancock Mut. Life Ins. Co.Court of Appeals for the Second Circuit · 1947
  2. Northwestern Mutual Life Insurance v. NeafusCourt of Appeals of Kentucky · 1911
  3. Western & Southern Life Insurance v. ValeIndiana Supreme Court · 1938
  4. Maddox v. Life & Casualty InsuranceCourt of Appeals of Georgia · 1949
  5. Amarillo Nat. Life Ins. Co. v. BrownCourt of Appeals of Texas · 1914

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