Schumacher v. North American Life Insurance
South Dakota Supreme Court
Appeal from Circuit Court, Minnehadia County. Hon. Joseph W. Jones, Judge. Action 'by Emily M. Schumacher, against the American Rife Insurance Company, of Omaha, to recover upon a life insurance policy. Erom a judgment for plaintiff, and' from an order denying a new trial, defendant appeals. (i) To point one of the opinion., Appellant cited: Baker v. The Mutual Rife Ins. Co., 43 N. Y, 283; Bergson v. Insurance Co., 38 Cal. 541; Sheldon v. Atlantic, F. & M. Ins.
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Appeal from Circuit Court, Minnehadia County. Hon. Joseph W. Jones, Judge. Action 'by Emily M. Schumacher, against the American Rife Insurance Company, of Omaha, to recover upon a life insurance policy. Erom a judgment for plaintiff, and' from an order denying a new trial, defendant appeals. (i) To point one of the opinion., Appellant cited: Baker v. The Mutual Rife Ins. Co., 43 N. Y, 283; Bergson v. Insurance Co., 38 Cal. 541; Sheldon v. Atlantic, F. & M. Ins. Co., 26 N. Y. 460; 84 Am. Dec. 213; Sec. 1849, Civ. Code; Mutual Reserve Rife Ins. Co. v. Heidel, 161 Fed. 535; Frank v. Sun Rife…
1Opinion of the CourtWhtting, P. J.
Defendant corporation insured the life of plaintiff’s husband, plaintiff being named as the beneficiary. Within a year the insured died1. This action was brought .to recover upon the policy. From a judgment in plaintiff’s favor and from an order denying a new trial this appeal was taken.
[1, 2] Appellant questions the correctness of the decision of this court in Noble v. Kansas City Life Insurance Co., 33 S. D. 458, 146 N. W. 606. We held1 in that case that the execution and delivery of a policy, worded similarly to the one now before us, was an “acknowledgment” of payment of premium under…
2Cases cited2 opinions
- Douglass v. County of PikeSupreme Court of the United States · 1880
- Noble v. Kansas City Life InsuranceSouth Dakota Supreme Court · 1914
3Cited by3 opinions
- Larsen v. Equitable Life Assur. Soc. of the United StatesSouth Dakota Supreme Court · 1927
- Ritter v. American Life InsuranceSouth Dakota Supreme Court · 1925
- Roth v. National Fire InsuranceSupreme Court of Kansas · 1934