New York Life Ins. v. Brame
Mississippi Supreme Court
Appeal from tlie circuit court of Hinds county. Hon. "W. H. Potter, Judge. Suit by .Mrs. Sue S. Brame against tbe New York Life Insurance Company. From a judgment for plaintiff, defendant appeals. N Tbe facts are fully stated in tbe opinion of tbe court. Tbe original declaration presented no cause of action for recovery on tbe contract of insurance as shown in tbis case and could not therefore be amended.
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Appeal from tlie circuit court of Hinds county. Hon. "W. H. Potter, Judge. Suit by .Mrs. Sue S. Brame against tbe New York Life Insurance Company. From a judgment for plaintiff, defendant appeals. N Tbe facts are fully stated in tbe opinion of tbe court. Tbe original declaration presented no cause of action for recovery on tbe contract of insurance as shown in tbis case and could not therefore be amended. Tbe court should have dismissed tbe suit under tbe operations of plaintiff’s first demurrer filed in said cause and it erred in failing so to do. Tbe second amendment of plaintiff’s…
1Opinion of the CourtSykes, J.
Suit was instituted in the circuit court by Mrs. Sue S. Brame, plaintiff (appellee here), against the New York Life Insurance Company, based upon a policy of insurance issued, by the defendant upon the life of Lex Brame, Jr., the husband of appellee, in which policy the appellee is the payee or beneficiary. By said policy the insurance company agrees to pay the beneficiary one thousand eight hundred dollars “at the home office of the company, in the city of New York, immediately upon receipt and approval of proofs of the death of Lex Brame, Jr., the insured, and in addition thereto a sum…
2Cases cited5 opinions
- Davie v. BriggsSupreme Court of the United States · 1878
- Harvey v. Fidelity & Casualty Co.Court of Appeals for the Sixth Circuit · 1912
- Behlmer v. Grand Lodge A. O. U. W.Supreme Court of Minnesota · 1909
- Coe v. National Council of the Knights & Ladies of SecurityNebraska Supreme Court · 1914
- Keith v. Modern Woodmen of AmericaSupreme Court of Iowa · 1914
3Cited by16 opinions
- Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
- Griffin v. Northwestern Mutual Life InsuranceMichigan Supreme Court · 1930
- United States v. HaymanCourt of Appeals for the Fifth Circuit · 1932
- United States v. RobertsonCourt of Appeals for the Ninth Circuit · 1930
- Dobbie v. United StatesDistrict Court, S.D. Texas · 1927
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