Legal Opinion

Grabinski v. United States Annuity & Life Ins.

South Dakota Supreme Court

Decided February 14, 1914PublishedCited by 2 opinions

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.

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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

  1. Summers v. Mutual Life Insurance Co. of New YorkWyoming Supreme Court · 1904

3Cited by2 opinions

  1. Jerauld County v. Saint Paul-Mercury Indemnity Co.South Dakota Supreme Court · 1955
  2. Rumbolz v. American Alliance InsuranceSouth Dakota Supreme Court · 1933

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