Lawler v. Murphy
Supreme Court of Connecticut
Action upon a certificate of assessment life insurance; brought to the Superior Court in Hartford County. The complaint was substantially as follows: 1. On the 12th day of July, 1886, the defendants were, and ever since have been, and still are, jointly engaged in carrying on a life insurance business, which was and still is carried on by them under the name of “ Connecticut State Insurance Fund of the Ancient Order of Hibernians of the State of Connecticut,” which name was…
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Action upon a certificate of assessment life insurance; brought to the Superior Court in Hartford County. The complaint was substantially as follows: 1. On the 12th day of July, 1886, the defendants were, and ever since have been, and still are, jointly engaged in carrying on a life insurance business, which was and still is carried on by them under the name of “ Connecticut State Insurance Fund of the Ancient Order of Hibernians of the State of Connecticut,” which name was and still is frequently used in the abbreviated forms, “ A. O. H. Insurance Fund,” and “ A. O. H. State Insurance Fund.”…
1Opinion of the CourtSeymour, J.
This is an appeal from the judgment of the Superior Court sustaining the defendants’ demurrer. The cause of demurrer upon which the issue was found for the defendant alleges that it appears from the contract for a breach of which the suit was brought, that the only agreement made therein was to pay such sum as might be received from a death assessment, and that it is not alleged in the complaint that any such sum was ever received.
To understand the force of this objection and the considerations applicable to it, it is necessary to set out the contract in full. It is as follows:—
*306“ Certificate…
2Cases cited8 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Elkhart Mutual Aid, Benevolent & Relief Ass'n v. HoughtonIndiana Supreme Court · 1885
- Rogers v. KneelandCourt for the Trial of Impeachments and Correction of Errors · 1834
- Davison v. HoldenSupreme Court of Connecticut · 1887
- Hitchcock v. BuchananSupreme Court of the United States · 1882
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3Cited by30 opinions
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Foley v. Huntington Co.Connecticut Appellate Court · 1996
- Howard v. AdkinsIndiana Supreme Court · 1906
- Harrill v. DavisCourt of Appeals for the Eighth Circuit · 1909
- Vernali v. CentrellaConnecticut Superior Court · 1970
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