Paine v. Pacific Mut. Life Ins.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. In Equity. Suit by Ira T. Paine, as administrator of the estate of Forrest L. Kendall, against the Pacific'Mutual Life Insurance Company of California. Decree dismissing the bill. Complainant appeals.
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Appeal from the Circuit Court of the United States for the District of Nebraska. In Equity. Suit by Ira T. Paine, as administrator of the estate of Forrest L. Kendall, against the Pacific'Mutual Life Insurance Company of California. Decree dismissing the bill. Complainant appeals. Statement by Sanborn, Circuit Judge: This was an appeal from a decree of the circuit court for the district of Nebraska, dismissing the bill of appellant to enforce specific performance of a contract which the bill alleged the appellee made with Forrest L. Kendall on May 29, 1890, to insure his life for $10,000, and…
1Opinion of the CourtSanborn, Circuit Judge
*691The court below found that the defendant company never made any contract to insure the life of Kendall, and on this ground dismissed this bill. The complainant assigns this finding and decree as error, and the only question to be considered is whether or not the proofs fairly established such a contract, for, if they did, the hill should not have been dismissed, but a decree should have been rendered for the.complainant for the relief he sought. On May 29, 1890, Kendall made his written application to defendant for insurance, and caused it to he forwarded to its home office, where alone it…
2Cases cited14 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Insurance Co. v. Young's AdministratorSupreme Court of the United States · 1875
- Piedmont, Etc. Life-Ins. Co. v. Ewing, Etc.Supreme Court of the United States · 1876
- Carr v. DuvalSupreme Court of the United States · 1840
- White v. . CorliesNew York Court of Appeals · 1871
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3Cited by20 opinions
- Equitable Life Assur. Soc. v. McElroyCourt of Appeals for the Eighth Circuit · 1897
- New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
- McCain v. Hartford Live Stock InsuranceSupreme Court of North Carolina · 1925
- Prudential Insurance Co. of America v. Union Trust Co.Indiana Court of Appeals · 1914
- Travis v. Nederland Life Ins.Court of Appeals for the Eighth Circuit · 1900
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