Grabinski v. United States Annuity & Life Ins.
South Dakota Supreme Court
Appeal from -Circuit -Court, Faulk C-ounty. Hon. Joseph H. B'ottum, Judge. Action by Herman Gab-rins'ld against the United .States Annuity & -Life Insurance Company, tp recover the amount of judgment recovered against plaintiff by defendant’s agents upon a promissory note alleged to ihav-e been wrongfully taken from escrow, etc. From a judgment for plaintiff, entered upon an order overruling a demu-rrer to the complaint, defendant appeals.
Read the full summary
Appeal from -Circuit -Court, Faulk C-ounty. Hon. Joseph H. B'ottum, Judge. Action by Herman Gab-rins'ld against the United .States Annuity & -Life Insurance Company, tp recover the amount of judgment recovered against plaintiff by defendant’s agents upon a promissory note alleged to ihav-e been wrongfully taken from escrow, etc. From a judgment for plaintiff, entered upon an order overruling a demu-rrer to the complaint, defendant appeals. There is nothing in the plaintiff’s complaint which tends to show that there was any fraud practiced upon the .plaintiff in obtaining this judgment; or…
1Opinion of the CourtMoCOY, J.
Brom the overruling of a demurrer to the complaint defendant appeals. The complaint, in substance, alleges that defendant is a life insurance company; that plaintiff, in August, 1908, executed a promissory note for $93.80 for the first premium on a life insurance policy thereafter to be issued by the defendant on the life of plaintiff; that >at the time of the making of said note the same was delivered and left in escrow with one *302Edgerton, with the understanding and agreement between plaintiff and one Davis, the agent of defendant, that said note should not be delivered until plaintiff had…
2Cases cited1 opinion
- Summers v. Mutual Life Insurance Co. of New YorkWyoming Supreme Court · 1904
3Cited by2 opinions
- Jerauld County v. Saint Paul-Mercury Indemnity Co.South Dakota Supreme Court · 1955
- Rumbolz v. American Alliance InsuranceSouth Dakota Supreme Court · 1933