Hicks v. National Life Ins.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of Few York. Action by Horace L. Hicks and Henry W. Taft, executors of Walter Bae, against the National Life Insurance Company. The trial court directed a verdict for defendant, and the plaintiffs bring error.
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In Error to the Circuit Court of the United States for the Southern District of Few York. Action by Horace L. Hicks and Henry W. Taft, executors of Walter Bae, against the National Life Insurance Company. The trial court directed a verdict for defendant, and the plaintiffs bring error. The plaintiffs in error were the plaintiffs in the court below, and brought the action to recover the amount of 10 endowment bonds, in substance policies of insurance, for $1,000 each, issued by the defendant March 2, 1888, payable at the expiration of '20 years to Walter Rae, or, in case of his death before…
1Opinion of the Court
WALLACE, Circuit JUDGE,
after stating the facts as above, delivered the opinion of the court.
We do not deem it necessary to consider the question whether the evidence respecting- the prior course of dealings between the assured and the insurer was sufficient to authorize a finding by the jury that strict performance of the condition for the payment of the premiums had been waived. We think the statutory conditions had not been fulfilled which were an indispensable preliminary to the right of the defendant to treat the policies as forfeited; and, this being so, the plaintiffs were entitled to…
2Cases cited10 opinions
- Equitable Life Assurance Society v. ClementsSupreme Court of the United States · 1891
- Sheets v. Selden's LesseeSupreme Court of the United States · 1865
- De Frece v. National Life InsuranceNew York Court of Appeals · 1892
- Talty v. Freedman's Savings & Trust Co.Supreme Court of the United States · 1876
- Phelan v. Northwestern Mutual Life InsuranceNew York Court of Appeals · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Eliot Nat. Bank v. GillDistrict Court, D. Massachusetts · 1913
- Rosenplanter v. Provident Sav. Life Assur. Soc. of New YorkCourt of Appeals for the Sixth Circuit · 1899
- Cowie v. MeansSupreme Court of Colorado · 1906
- New York Life Ins. v. BullockCourt of Appeals for the Fifth Circuit · 1928
- Equitable Life Assur. Soc. v. NixonCourt of Appeals for the Ninth Circuit · 1897
10 more not listed; retrieve them via the Exa API.