Condon v. New York Life Insurance
Supreme Court of Iowa
Appeal from Cherokee District Court. — William Hutchinson, Judge. On August 5, 1889, the defendant insurance company issued an ordinary life policy for $3,000 on the life of John J. Condon, making the same payable to Mary J. Condon, his Avife, and Nellie, Louis, and Geraldine M. Condon, his children, or to their executors, administrators, or assigns, share and share alike.
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Appeal from Cherokee District Court. — William Hutchinson, Judge. On August 5, 1889, the defendant insurance company issued an ordinary life policy for $3,000 on the life of John J. Condon, making the same payable to Mary J. Condon, his Avife, and Nellie, Louis, and Geraldine M. Condon, his children, or to their executors, administrators, or assigns, share and share alike. The insured died on June 24, 1908, and Nellie Condon, Avhose name, at the time of her death, Avas Nellie Condon Gilbert, died in 1907, survived by a daughter. On the 8th day of May, 1908, the insured executed a Avritten…
1Opinion of the CourtStevens, J.
1. Insükancb: right to proceeds : assignment by insured of portion due deceased beneficiary. I. The policy in suit is an ordinary life policy, containing provisions for settlement, cash-surrender value, paid-up policy, and other provisions giving options to the insured, and is therein designated as a non-forfeiting, free tontine policy.
The decision of this case turns' upon the question whether the interest of Nellie Condon, as beneficiary, vested upon the execution and delivery of said policy. It is earnestly contended by counsel for appellant that, as the insured might, if he had survived…
2Cases cited26 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Mutual Ben. Life Ins. v. SwettCourt of Appeals for the Sixth Circuit · 1915
- Indiana National Life Insurance v. McGinnisIndiana Supreme Court · 1913
- Franklin Life Insurance v. GalliganSupreme Court of Arkansas · 1903
- Harley v. HeistIndiana Supreme Court · 1882
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3Cited by5 opinions
- Jacobson v. New York Life InsuranceSupreme Court of Iowa · 1925
- Shepherd v. Pacific Mutual Life InsuranceSupreme Court of Iowa · 1941
- Morse v. CommissionerCourt of Appeals for the Seventh Circuit · 1938
- Downs v. RobinsonSupreme Court of Iowa · 1921
- Ford v. Mutual Life Insurance Co. of New YorkAppellate Court of Illinois · 1936