Johnson v. Mutual Benefit Life Ins.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. This was an action by the administratrix of the estate of Frank C. Johnson, deceased, to recover upon a contract of extended insurance arising under the nonforfeiture provisions of a policy upon the life of the deceased after his default in the payment of the premium.
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In Error to the Circuit Court of the United States for the District of Nebraska. This was an action by the administratrix of the estate of Frank C. Johnson, deceased, to recover upon a contract of extended insurance arising under the nonforfeiture provisions of a policy upon the life of the deceased after his default in the payment of the premium. The insured was born May 12, 1S46, and when his application for the policy was made, December 24, 1890, and when his policy was issued and dated, January 15, 1891, he would have been 45 years of age at his nearest birthday. His application, which…
1Opinion of the CourtHook, Circuit Judge
The question in this case is whether the extended insurance was in force at the death of the insured, and this in turn depends upon the ascertainment of the date from which the period thereof should be calculated, whether November 11, 1893, or January 15, 1894, and also upon the amount of the credit of the insured applicable to the purchase of such insurance under the nonforfeiture provisions of his policy. The administratrix contends that although the insured made default in the payment of the premium due November 11, 1893, nevertheless the last premium paid by him continued the life of the…
2Cases cited3 opinions
- McMaster v. New York Life InsuranceSupreme Court of the United States · 1901
- Methvin v. Fidelity Mutual Life Ass'nCalifornia Supreme Court · 1900
- Methvin v. Fidelity Mutual Life Ass'nCalifornia Supreme Court · 1899
3Cited by22 opinions
- Wilkie v. New York Mutual Life InsuranceSupreme Court of North Carolina · 1908
- McCampbell v. New York Life Ins.Court of Appeals for the Fifth Circuit · 1923
- New York Life Ins. Co. v. SilversteinCourt of Appeals for the Eighth Circuit · 1931
- New York Life Ins. Co. v. TolbertCourt of Appeals for the Tenth Circuit · 1932
- Wolford v. National Life InsuranceSupreme Court of Kansas · 1923
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