Insurance Company v. Foley
Supreme Court of the United States
Error to the Circuit Court of the United States for the District of South Carolina. In January, 1872, Foley obtained from the Knickerbocker Life Insurance Company of the city of New York a policy of insurance for $5,000, on the life of one Badenhop, his debtor to that amount. The premium required at the time and the stipulated annual premiums were paid.
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Error to the Circuit Court of the United States for the District of South Carolina. In January, 1872, Foley obtained from the Knickerbocker Life Insurance Company of the city of New York a policy of insurance for $5,000, on the life of one Badenhop, his debtor to that amount. The premium required at the time and the stipulated annual premiums were paid. The profits arising upon them entitled the assured, in May, 1873, to a further insurance .on the life of his debtor, to the amount of $36.03 ; and in June, 1874, to the amount of 139.36; and policies for these sums were issued to him. Badenhop…
1Opinion of the Court
Mr. Justice Fiel©,
after stating the case, delivered the opinion of the court.
The instruction requested by the defendant, treating it as applicable, to the case at bar, and not as containing a mere abstract proposition of law, is open to several objections.
In the first place, it assumes that there was a difference in the sources of knowledge of the witnesses in the case ; which was not the fact. All of them testified from their observation of the conduct of the deceased; and the jury would properly give weight to the testimony, not according to’The positiveness of the averments of the…
2Cases cited1 opinion
- New Jersey Mutual Life Insurance v. BakerSupreme Court of the United States · 1877
3Cited by33 opinions
- Cooper v. StateIndiana Supreme Court · 1889
- Dennis v. DennisSupreme Court of Connecticut · 1896
- Metropolitan Life Insurance Company v. ShaneSupreme Court of Arkansas · 1911
- Conner v. Citizens' Street RailroadIndiana Supreme Court · 1896
- Greenlaw v. DilworthTexas Commission of Appeals · 1927
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