Owen v. New York Life Ins.
Mississippi Supreme Court
Appeal from circuit court of Bolivar county. Hon. W. A. Alcorn, Jr., Judge. Suit by Mrs. Miriam R. Owen against the New York Life Insurance Company. Judgment for defendant, and plaintiff appeals.
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Appeal from circuit court of Bolivar county. Hon. W. A. Alcorn, Jr., Judge. Suit by Mrs. Miriam R. Owen against the New York Life Insurance Company. Judgment for defendant, and plaintiff appeals. The brief of appellee relies almost exclusively on the fact that because the full amount of the premium of four hundred and fourteen dollars and thirty cents was not paid by October 24, 1918, or within thirty days thereafter the policy became forfeited, and in reliance on this defense quotes as follows from New York Life Insurance Company V. Alexander, 83 So. 93: “When a life insurance policy…
1Opinion of the CourtCook, J.
Mrs. Miriam B. Owen, plaintiff brought suit as beneficiary in an insurance policy for ten thousand dollars, issued by the New York Life Insurance Company, defendant, upon the life of her husband, Thomas S. Owen. At the conclusion of the testimony a peremptory instruction was granted in favor of the defendant, and from the judgment, entered in pursuance of this instruction this appeal was prosecuted.
The facts necessary to be stated are as follows: On the 24th day of October, 1916, the appellee issued its policy of insurance on the life of Thomas S. Owen, payable at his death to appellant. The…
2Cases cited4 opinions
- Phoenix Ins. Co. v. DosterSupreme Court of the United States · 1882
- Home Life Insurance v. PierceIllinois Supreme Court · 1874
- Reed v. Bankers' Reserve Life Ins.U.S. Circuit Court for the District of Eastern Washington · 1911
- Eddy v. Phœnix Mutual Life InsuranceSupreme Court of New Hampshire · 1888
3Cited by4 opinions
- General American Life Insurance v. ButtsSupreme Court of Georgia · 1942
- Crum v. Prudential Insurance Company of AmericaDistrict Court, N.D. Mississippi · 1973
- Kaeppel v. Mutual Life Ins. Co. of New YorkCourt of Appeals for the Third Circuit · 1935
- Wilkinson County Board of Supervisors v. Quality Farms, Inc.Mississippi Supreme Court · 1998