Legal Opinion

Sawyer v. North American Life Insurance

Supreme Court of Vermont

Decided February 15, 1874PublishedCited by 17 opinions

Assumpsit upon a policy' of life insurance. The defendant pleaded to the jurisdiction, because said cause of action, if any the plaintiff had, accrued to her in the city, county, and state of New York, within-the jurisdiction of the .courts of said county, and not within the county of Windham, within the jurisdiction* of the county court of said county; and moved to dismiss for the same cause. The case is fully stated in the opinion.

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Assumpsit upon a policy' of life insurance. The defendant pleaded to the jurisdiction, because said cause of action, if any the plaintiff had, accrued to her in the city, county, and state of New York, within-the jurisdiction of the .courts of said county, and not within the county of Windham, within the jurisdiction* of the county court of said county; and moved to dismiss for the same cause. The case is fully stated in the opinion. The court, at the September term,. 1873, Barrett, J., presiding, sustained said plea and motion, pro forma, and adjudged that the wx’it abate for want of…

1Opinion of the Court

The opinion of the court was delivered by

Wheeler, J.

In the writ in this case, the defendant is set up as “ a corporation established by law, located in the city, county, and state of New York;” the plaintiff as “ of Winona, in the state of Minnesota.” The cause of action set forth in the declaration, is for the breach of a contract made between the defendant on one part, and the plaintiff and a person then her husband on the other, the plaintiff and her husband being then of Milwaukie, in the state of Wisconsin, the contract being in writing and dated at New York, and containing a clause that…

2Cases cited1 opinion

  1. Day v. Essex County BankSupreme Court of Vermont · 1841

3Cited by17 opinions

  1. United States v. American Bell Telephone Co.United States Circuit Court · 1886
  2. State ex rel. Pacific Mutual Life Insurance v. GrimmSupreme Court of Missouri · 1912
  3. Sorrell v. WhiteSupreme Court of Vermont · 1931
  4. Mallory v. Norfolk Southern R. CoSupreme Court of the United States · 2023
  5. Central Railroad & Banking Co. v. CarrSupreme Court of Alabama · 1884

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