Austin v. Mutual Reserve Fund Life Ass'n
U.S. Circuit Court for the District of Massachusetts
At Law. Actions on life insurance policies. The following is a copy of plaintiff’s declaration filed October 20, 1903: Count 1. And the plaintiff says that the defendant corporation, on the 14th day of April, A. D. 1897, made and issued to Jonathan W. Austin a policy of insurance, a copy whereof is hereto annexed and made a part hereof, by virtue of which said corporation insured the life of said Jonathan W. Austin in the sum of five thousand dollars, payable at the death of…
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At Law. Actions on life insurance policies. The following is a copy of plaintiff’s declaration filed October 20, 1903: Count 1. And the plaintiff says that the defendant corporation, on the 14th day of April, A. D. 1897, made and issued to Jonathan W. Austin a policy of insurance, a copy whereof is hereto annexed and made a part hereof, by virtue of which said corporation insured the life of said Jonathan W. Austin in the sum of five thousand dollars, payable at the death of said Jonathan W. Austin to Frances E. Austin, of Newton, in the county of Middlesex, if living at the time of the death…
1Opinion of the Court
PUTNAM, Circuit Judge.
The facts in this case are sufficiently shown by the plaintiff’s declaration and the findings of law and fact filed this day.
Only one issue is made by the defendant corporation. No claim i© made by virtue of any alleged fraud, warranty, or representation.. Its case is rested entirely on the provisions in the applications and the policies that the policies were not to be in force, and that the contract© should not' take effect, until the policies were delivered to Jonathan Wk Austin, who was the applicant therefor, and whose life was insured.. *559while he was in good health,…
2Cases cited4 opinions
- Wright v. Mutual Benefit Life Ass'nNew York Court of Appeals · 1890
- Hubbard v. Mutual Reserve Fund Life Ass'nCourt of Appeals for the First Circuit · 1900
- Provident Savings Life Assur. Soc. of New York v. HadleyCourt of Appeals for the First Circuit · 1900
- Hadley v. Provident Savings Life Assur. Soc. of New YorkU.S. Circuit Court for the District of Massachusetts · 1898
3Cited by8 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Goorberg v. the Western Assurance Co.California Supreme Court · 1907
- Taylor v. Grand LodgeSupreme Court of Minnesota · 1905
- Great Western Life Ins. v. SnavelyCourt of Appeals for the Ninth Circuit · 1913
- Southern Union Life Ins. Co. v. WhiteCourt of Appeals of Texas · 1916
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