Sterling v. Head Camp, Pacific Jurisdiction, Woodmen of the World
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — Now. T. D. Leivis, Judge, Action to recover a death benefit. From a judgment in favor of the plaintiff, the defendant appealed. A contract of insurance never becomes complete until the last act necessary to1 be done by either party has in fact been done, although one side or the other may conditionally bind itself by a proposition, which when unconditionally accepted ripens the negotiations into a contract.
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Appeal from the Third District Court, Salt Lake County. — Now. T. D. Leivis, Judge, Action to recover a death benefit. From a judgment in favor of the plaintiff, the defendant appealed. A contract of insurance never becomes complete until the last act necessary to1 be done by either party has in fact been done, although one side or the other may conditionally bind itself by a proposition, which when unconditionally accepted ripens the negotiations into a contract. Bacon’s Ben. Soc., sec. 272; Niblack Ben Soc., sec. 139, p. 280; Joyce on Ins., sec. 70; Ray v. Ins. Co., 126 N. C. 166; McDonald…
1Opinion of the CourtStraup, J.
Appellant is an incorporated fraternal and beneficial society, on the lodge plan. John C. Sterling in October, 1898, became a member of the lodge, and there was issued to him a benefit-certificate, which will be called number 1, and in which Elizabeth Lowery was named the beneficiary, and by the terms of which she was entitled , to participate in the benefit fund, to. the amount of $2,000; upon the death of the 1 said Sterling. The latter part of 1900 said Sterling, contemplating marriage with the plaintiff, desired to change the name of the beneficiary in said certificate to plaintiff’s…
2Cases cited23 opinions
- New York Life Insurance v. BabcockSupreme Court of Georgia · 1898
- Reese v. Fidelity Mutual Life Ass'nSupreme Court of Georgia · 1900
- Wendt v. Iowa Legion of HonorSupreme Court of Iowa · 1887
- McCoy v. Roman Catholic Mutual InsuranceMassachusetts Supreme Judicial Court · 1890
- Giddings v. Insurance Co.Supreme Court of the United States · 1880
18 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wentworth v. Equitable Life Assur. Soc.Utah Supreme Court · 1925
- Jones v. New York Life Ins. Co.Utah Supreme Court · 1926
- Field v. Missouri Life Ins. Co.Utah Supreme Court · 1930
- Merchants' & Bankers' Fire Underwriters v. ParkerCourt of Appeals of Texas · 1916
- White v. Metropolitan Life Ins.Utah Supreme Court · 1924
2 more not listed; retrieve them via the Exa API.