Legal Opinion

Mettner v. Northwestern National Life Insurance

Supreme Court of Iowa

Decided April 5, 1905PublishedCited by 13 opinions

Appeal from Chickasaw District Court. — Hon. L. E. Eel-lows, Judge. Action to recover damages fox tbe wrongful and unlawful forfeiture by tbe defendant company of a policy of life insurance beld by plaintiff therein. Tbe case was by agreement tried to tbe court without a jury, resulting in a judgment for plaintiff for tbe amount of premiums paid, with interest. Defendant appeals.

1Opinion of the CourtDeemer, J.

*2061. Forfeiture: waiver; evidence. *205In July of tbe year 1892 the Federal Life *206Association of Iowa, a corporation doing a life insurance business in tbis State, issued to plaintiff a policy of life in-' surance in the sum of $1,000, upon condition \ that he pay a quarterly premium of $7.39 on or before the 1st days of January, April, July, and October in each year during the life of the policy. This policy provided, among other things, that, if any quarterly payment-be not paid when due, time being made of the essence of the contract, the policy should be mill and void, and all payments should be…

2Cases cited5 opinions

  1. Sweetser v. Odd Fellows Mutual Aid Ass'nIndiana Supreme Court · 1889
  2. Davidson v. Old People's Mutual Benefit SocietySupreme Court of Minnesota · 1888
  3. Jenkins v. National Mutual B. & L. Ass'nSupreme Court of Georgia · 1900
  4. Wiberg v. Minnesota Scandinavian Relief Ass'nSupreme Court of Minnesota · 1898
  5. United Brethren Mutual Aid Society v. SchwartzSupreme Court of Pennsylvania · 1888

3Cited by13 opinions

  1. Scheetz v. IMT Ins. Co.(Mut.)Supreme Court of Iowa · 1982
  2. United States Fidelity Guaranty Co. v. MillerCourt of Appeals of Kentucky (pre-1976) · 1931
  3. Wandell v. Mystic ToilersSupreme Court of Iowa · 1905
  4. Ford v. OttSupreme Court of Iowa · 1919
  5. Hemmings v. Home Mutual InsuranceSupreme Court of Iowa · 1925

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