Smith v. New England Mut. Life Ins.
Court of Appeals for the Third Circuit
In Error to the Circuit Court of the United States for the Western District of Pennsylvania. This action was brought by Aline M. Smith against the New England Mutual Life Insurance Company on a policy of insurance for 810,000 issued on the life of Zant Mc-D. Smith. Another action was brought at the same time on another policy, like, in all respects, to the one in this action, and the two cases were tried together.
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In Error to the Circuit Court of the United States for the Western District of Pennsylvania. This action was brought by Aline M. Smith against the New England Mutual Life Insurance Company on a policy of insurance for 810,000 issued on the life of Zant Mc-D. Smith. Another action was brought at the same time on another policy, like, in all respects, to the one in this action, and the two cases were tried together. The policies contained the following conditions: “General agents appointed directly by Die company are alone authorized to receive xiremiums at the day when payable, and not…
1Opinion of the Court
BUTLER, District Judge.
The suit is on a policy of insurance for
$10,000, issued on the life of 'Zant McD. Smith, dated May 24, 1890, which recites as a condition, the payment of a premium by the assured of $352, at its date, and the payment of like premiums on or before the 24th of May in ev.ery year thereafter until 34 such premiums have been paid, or during the term of Mr. Smith’s life if he shall die within 34 years of its date. The defendant is a corporation of the state of Massachusetts, and the policy recited that it is issued “subject to the provisions of the insurance act” of that…
2Cases cited5 opinions
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
- Thompson v. Insurance Co.Supreme Court of the United States · 1881
- Hartford Life Annuity Insurance v. UnsellSupreme Court of the United States · 1892
- Klein v. Insurance Co.Supreme Court of the United States · 1881
- Miles v. Connecticut Mutual Life InsuranceSupreme Court of the United States · 1893
3Cited by6 opinions
- Tibbits v. Mutual Benefit Life InsuranceIndiana Supreme Court · 1903
- Wayland v. Western Life Indemnity Co.Missouri Court of Appeals · 1912
- Bennett v. Sovereign Camp, Woodmen of the WorldCourt of Appeals of Texas · 1914
- Parker v. TemplarsNebraska Supreme Court · 1903
- Moreau v. Massachusetts Mut. Life Ins.District Court, W.D. New York · 1934
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