Nelson v. Mutual Life Insurance
Montana Supreme Court
Appeal from District Court, Yellowstone County; Charles A. Taylor, Judge. Action by Lura A. Nelson against the Mutual Life Insurance Company of New York. From a judgment for defendant and order denying new 'trial, plaintiff appeals.
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Appeal from District Court, Yellowstone County; Charles A. Taylor, Judge. Action by Lura A. Nelson against the Mutual Life Insurance Company of New York. From a judgment for defendant and order denying new 'trial, plaintiff appeals. The default upon the part of the insured in failing to pay premium upon August 10, or within thirty days thereafter, was waived by the company: (a) By its acceptance of the payment thereof upon October 8. (25 Cyc. 870; 14 R. C. L., “Insurance,” 367; Shea v. Massachusetts Ben. Assn., .160 Mass. 289, 39 Am. St. Rep. 475, 35 N. E. 855; Rice v. New England Mut. Aid…
1Opinion of the CourtJustice Cooper
Action to recover upon a policy of life insurance in the sum of $2,000. The cause was tried by the court without a jury and resulted in a judgment for the defendant. Plaintiff appeals from the judgment and from an order denying her a new trial.
The provisions of the policy pertinent to this inquiry are as follows:
“Premiiums. All premiums are payable in advance at said home office or to any agent of the company upon delivery, on or before date due, of a receipt signed by either the president, vice president, second vice president, secretary or treasurer of the company and countersigned by said…
2Cases cited12 opinions
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
- Klein v. Insurance Co.Supreme Court of the United States · 1881
- Holly v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1887
- Thompson v. Fidelity Mutual Life Ins.Tennessee Supreme Court · 1906
- Collins v. Metropolitan Life InsuranceMontana Supreme Court · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ballard v. Beneficial Life Ins. Co.Utah Supreme Court · 1933
- Johnson v. Metropolitan Life InsuranceMontana Supreme Court · 1938
- Zimmerman v. Mutual Life InsuranceMontana Supreme Court · 1931
- Garber v. Equitable Life Assurance Society of United StatesSupreme Court of Minnesota · 1934
- Rogers v. Columbian National Life InsuranceSupreme Court of Iowa · 1927