Legal Opinion

Davis v. Brown

Indiana Supreme Court

Decided January 9, 1903No. 19,998PublishedCited by 10 opinions

Erom Johnson Circuit Court; W. J. Buckingham, Judge Action by Samuel Brown, administrator of the estate of Elorence O. McClain, deceased, against the Metropolitan Life Insurance Company and Susan Davis on an insurance policy. The company paid the amount of insurance into court and was discharged. Defendant Susan Davis filed a cross-complaint claiming the policy as assignee. Erom a judgment against her on demurrer to cross-complaint, she appeals.

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Erom Johnson Circuit Court; W. J. Buckingham, Judge Action by Samuel Brown, administrator of the estate of Elorence O. McClain, deceased, against the Metropolitan Life Insurance Company and Susan Davis on an insurance policy. The company paid the amount of insurance into court and was discharged. Defendant Susan Davis filed a cross-complaint claiming the policy as assignee. Erom a judgment against her on demurrer to cross-complaint, she appeals. Transferred from Appellate Court, under §1837u Burns 1901.

1Opinion of the CourtGillett, J.

— Appellee instituted this action against the Metropolitan Life Insurance Company on a policy of insurance issued to his decedent, Elorence O. McClain. Said policy, as executed, was payable to the estate of said decedent upon her death. Appellant was made a party defendant to the action. The complaint alleged as to her that she claimed, but in fact had no interest in the policy. The company paid the amount of the insurance into court, and upon its written application, by way of interpleader, was discharged. Appellant filed answer to the complaint in three paragraphs, and also filed like…

2Cases cited19 opinions

  1. New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
  2. Warnock v. DavisSupreme Court of the United States · 1882
  3. Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
  4. Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
  5. Olmsted v. . KeyesNew York Court of Appeals · 1881

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3Cited by10 opinions

  1. Canterbury v. Northwestern Mutual Life InsuranceWisconsin Supreme Court · 1905
  2. Oleska, Administrator v. KoturIndiana Court of Appeals · 1943
  3. Reilly v. Penn Mutual Life InsuranceSupreme Court of Iowa · 1926
  4. American Mutual Life Insurance v. MeadIndiana Court of Appeals · 1906
  5. McKay v. CorwineIndiana Court of Appeals · 1918

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