Mutual Reserve Fund Life Ass'n v. Cleveland Woolen Mills
Court of Appeals for the Sixth Circuit
Appeals from the Circuit Court of the United States for the East-turn District of Tennessee. Tn 1885, John H. Parker, of Cleveland, Bradley county, Tenn., was received as a member of a co-operative and assessment insurance association, incor-pora tod under chapter 175 of the Haws of 1883 of the state of New York, under the corporate name of the Mutual Reserve Fund Hire Association, and having its principal office in the city ol' New York.
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Appeals from the Circuit Court of the United States for the East-turn District of Tennessee. Tn 1885, John H. Parker, of Cleveland, Bradley county, Tenn., was received as a member of a co-operative and assessment insurance association, incor-pora tod under chapter 175 of the Haws of 1883 of the state of New York, under the corporate name of the Mutual Reserve Fund Hire Association, and having its principal office in the city ol' New York. The policy or certificate of insurance was for the sum of 810,000, and was payable to Mary K. Parker, wife of the insured, in January, 1890, this policy, as…
1Opinion of the CourtLurton, Circuit Judge
The first error assigned by the Mutual Reserve Fund Life Association is as to the action of the court in overruling a plea in abatement to the jurisdiction of the state court. The policy issued to John EE. Parker contained a stipulation that no suit in law or equity should be brought upon it except in the circuit court of the United States. This provision intended to oust the jurisdiction of all state courts is clearly invalid. Any stipulation between contracting- parties distinguishing between the different courts of the country is contrary to public policy, and should not be enforced. Nute…
2Cases cited38 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Hartford Life Annuity Insurance v. UnsellSupreme Court of the United States · 1892
- Leslie v. . LorillardNew York Court of Appeals · 1888
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3Cited by28 opinions
- Nashua River Paper Co. v. Hammermill Paper Co.Massachusetts Supreme Judicial Court · 1916
- State Ex Rel. Kahn v. TazwellOregon Supreme Court · 1928
- Parker, Peebles & Knox v. El SaiehSupreme Court of Connecticut · 1928
- German-American Insurance v. YeagleyIndiana Supreme Court · 1904
- Wood & Selick, Inc. v. Compagnie Generale TransatlantiqueCourt of Appeals for the Second Circuit · 1930
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