Legal Opinion

Wallace v. Mutual Benefit Life Insurance

Supreme Court of Minnesota

Decided January 5, 1906No. Nos. 14,493—(114)PublishedCited by 19 opinions

Action in the district court for Hennepin county to determine the adverse interest of plaintiff’s divorced wife, defendant Emma G. Wallace, in a life insurance policy issued by defendant insurance company to plaintiff, and to recover from defendant company the cash surrender value of the policy. The opinion states the facts. The case was tried before John Day Smith, J., who found in favor of defendant Emma G. Wallace.

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Action in the district court for Hennepin county to determine the adverse interest of plaintiff’s divorced wife, defendant Emma G. Wallace, in a life insurance policy issued by defendant insurance company to plaintiff, and to recover from defendant company the cash surrender value of the policy. The opinion states the facts. The case was tried before John Day Smith, J., who found in favor of defendant Emma G. Wallace. From an order denying a motion for a new trial, plaintiff appealed.

1Opinion of the CourtElliott, J.

Appeal by plaintiff from an order denying a motion for new trial. The appellant and respondent were married November 26, 1891, and continued to be husband and wife until June 18, 1904. On December 29, 1891, the Mutual Benefit Life Insurance Company issued and delivered to the appellant, Monroe E. Wallace, a “twenty-year endowment” policy of insurance on his life for the sum of $3,000. By the terms of this policy the amount of the insurance was to be paid to Monroe E. Wallace if he paid the premiums and lived until December 10, 1911. If he died before the expiration of the twenty years, the…

2Cited by19 opinions

  1. Walker v. United StatesCourt of Appeals for the Eighth Circuit · 1936
  2. Rountree v. FrazeeSupreme Court of Alabama · 1968
  3. Filley v. Illinois Life InsuranceSupreme Court of Kansas · 1914
  4. Tromp v. National Reserve Life InsuranceSupreme Court of Kansas · 1936
  5. Andrews v. AndrewsCourt of Appeals for the Eighth Circuit · 1938

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