Haerther v. Mohr
Supreme Court of Iowa
Appeal from Johnson District Gourl. — Hon. M. J. Wade, Judge. On January 10, 1893, the Mutual Life Insurance Company of New York issued a policy on the life of Jacob M. Mohr, stipulating for the payment of premiums for 20 full years, and that it might become payable after the lapse of that period though the insured were then living.
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Appeal from Johnson District Gourl. — Hon. M. J. Wade, Judge. On January 10, 1893, the Mutual Life Insurance Company of New York issued a policy on the life of Jacob M. Mohr, stipulating for the payment of premiums for 20 full years, and that it might become payable after the lapse of that period though the insured were then living. In it the company promised “to pay at its home office in the city of New York, unto Ilenricka Mohr, wife of Jacob Mohr, of Iowa City, in the county of Johnson, state of Iowa, his executors, administrators, or assigns, five thousand dollars” upon the proof of…
1Opinion of the CourtLadd, J.
*6371 *636Hid the benefits of this policy descend to the heirs of the insured or to those of the beneficiary ? This necessarily depends upon the construction to be given the *637stipulation that “the Mutual Life Insurance Company of New York promises to pay unto Henricka Mohr, wife of Jacob Mohr, of Iowa City, in Johnson county, in the state of Iowa, his executors, administrators, or assigns, $5,000.” Here is a patent ambiguity. Hoes the personal pronoun “his” refer to Henricka or Jacob as its antecedent? But for discrepancy in gender, its reference to Henricka could not be questioned. The name of Jacob…
2Cases cited8 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Lemon v. Phœnix Mutual Life InsuranceSupreme Court of Connecticut · 1871
- Pingrey v. National Life InsuranceMassachusetts Supreme Judicial Court · 1887
- Carpenter v. KnappSupreme Court of Iowa · 1897
- Brummer v. . CohnNew York Court of Appeals · 1881
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- Downs v. RobinsonSupreme Court of Iowa · 1921
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