Legal Opinion

Utter v. Travelers' Insurance

Michigan Supreme Court

Decided April 28, 1887PublishedCited by 81 opinions

Error to Saginaw. (Gage, J.) Assumpsit. Plaintiff brings error. The facts are stated in the opinion.

1Opinion of the CourtMorse, J.

The defendant, on the seventeenth day of September, 1880, in consideration of a premium then paid by him, issued and delivered to William Samuel Utter an accidental insurance policy for the benefit of the plaintiff, who was his mother. This policy insured said Utter against *547death occurring through violent, external, and accidental means, for one year, in the sum of §1,000.

When this insurance was effected, the said Utter was under age, and had before that time enlisted as a musician in the regular army. March 28, 1880, he deserted the service, while stationed at Fort Verde, Arizona, and went…

2Cases cited1 opinion

  1. Allen v. . St. Louis Insurance Co.New York Court of Appeals · 1881

3Cited by81 opinions

  1. See v. North American Accident InsuranceCalifornia Supreme Court · 1923
  2. Berry v. ChaplinCalifornia Court of Appeal · 1946
  3. Turner v. Fidelity & Casualty Co.Michigan Supreme Court · 1897
  4. Gaynok v. Travelers InsuranceCourt of Appeals of Georgia · 1913
  5. Patterson v. Natural Premium Mutual Life InsuranceWisconsin Supreme Court · 1898

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