Mutual Benefit Life Insurance v. Lehman
Supreme Court of Alabama
Appeal from tlie Chancery Court of Jefferson. Heard before tlie Hon. John 0. Carmichael. Tlie bill in this case was filed by tlie appellants as creditors of tlie estate of George T. • Winton, deceased, against tlie appellant, Tlie Mutual Benefit' Life Insurance. Company, of Newark, N. J., to enforce tlie payment. by said Life Insurance Company of a policy of insurance issued by it on tlie life of said Winton.
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Appeal from tlie Chancery Court of Jefferson. Heard before tlie Hon. John 0. Carmichael. Tlie bill in this case was filed by tlie appellants as creditors of tlie estate of George T. • Winton, deceased, against tlie appellant, Tlie Mutual Benefit' Life Insurance. Company, of Newark, N. J., to enforce tlie payment. by said Life Insurance Company of a policy of insurance issued by it on tlie life of said Winton. Tlie appeal is from an interlocutory decree of tlie chancellor bolding insufficient a plea by tlie defendant. Tin1 facts of tlie case and the defense interposed by said plea are…
1Opinion of the CourtMcCLELLAN, C. J.
— This bill is prosecuted by Lehman and others, creditors of the estate of George T. Win ton, deceased, to enforce the payment by tlie insurance company of a policy of insurance issued by it, on the life of the debtor. The respondent, pleaded in bar of the relief sought, that Winton made application for said insurance, that, in his application is this provision : UI agree that the answers given herewith to the questions of the agent or examiner, which I declare, and warrant to be true, shall be the basis of my contract with the company; and respondent pleads * * * *642breach of warranties which…
2Cases cited1 opinion
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
3Cited by8 opinions
- Reliance Life Ins. Co. v. SneedSupreme Court of Alabama · 1928
- Providence Savings Life Assurance Society v. PruettSupreme Court of Alabama · 1904
- Edwards v. DavenportAlabama Court of Appeals · 1914
- Howrey v. Star Insurance Co. of AmericaWyoming Supreme Court · 1934
- Pacific Mut. Life Ins. v. CunninghamDistrict Court, S.D. Florida · 1932
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