New York Life Insurance v. McIntosh
Mississippi Supreme Court
From the chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Mrs. McIntosh, the. appellee, was complainant, and the insurance company, the appellant, defendant in the court below. From a decree in the complainant’s favor the defendant appealed to the supreme court.
Read the full summary
From the chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Mrs. McIntosh, the. appellee, was complainant, and the insurance company, the appellant, defendant in the court below. From a decree in the complainant’s favor the defendant appealed to the supreme court. The evidence showed that R. McIntosh made an application to appellant for a life insurance policy for the benefit of his wife, appellee, December 31, 1903. He paid the amount of the first annual premium of $392.65, and obtained a receipt therefor. The receipt contained the following stipulation: “If a policy be…
1Opinion of the Court
OoXj J\,
delivered the opinion of the court.
The learned chancellor erred in finding that appellant agreed or contracted with appellee’s testator to issue a policy of insurance upon his life in accordance with his written application. It refused his application for a standard policy, and offered him a policy of a lower class. This was declined by him. Appellant then decided to offer him another policy, *241which, while better than the one declined by him, was not the policy for which he had applied. He died before he had an opportunity to determine whether he would accept it. Thus it is perfectly…
2Cited by7 opinions
- Reynolds v. Northwestern Mutual Life InsuranceSupreme Court of Iowa · 1920
- Scottish Union & National Insurance v. Warren Gee Lumber Co.Mississippi Supreme Court · 1918
- Savage v. Prudential Life Ins. Co. of AmericaMississippi Supreme Court · 1929
- Interstate Life and Accident Ins. Co. v. FlanaganMississippi Supreme Court · 1973
- Yazoo & M. V. R. v. JonesMississippi Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.