National Benefit Ass'n v. Elzie
District of Columbia Court of Appeals
Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action'upon a policy of insurance. The Court in the opinion stated the facts as follows: This action was begun in the justice’s court by Pamelia Elzie to recover the sum of $50. What was the result in that court does not appear.
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Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action'upon a policy of insurance. The Court in the opinion stated the facts as follows: This action was begun in the justice’s court by Pamelia Elzie to recover the sum of $50. What was the result in that court does not appear. It was tried de novo on appeal taken to the supreme court of the District, and resulted there in a verdict and judgment for the plaintiff for said sum. Appellant, the National Benefit Association, is a relief and insurance association,…
1Opinion of the CourtChief Justice Shispakd
There was no error in refusing to direct a verdict for defendant.
The defendant relied on a forfeiture of the benefit through failure to comply strictly with the terms of the policy. Plaintiff relied on the facts in regard to the receipt of the payments and the execution of unconditional receipts, as amounting to a waiver of thé forfeiture. “Forfeitures are not favored in the law; and that courts are always prompt to seize hold of any circumstances that indicate an election to waive a forfeiture, or an agreement to do so on which the party has relied and acted. Any agreement, declaration, or…
2Cases cited6 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Insurance Co. v. WolffSupreme Court of the United States · 1877
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Hartford Life Annuity Insurance v. UnsellSupreme Court of the United States · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Capital City Life Ins. Co. v. SaundersDistrict of Columbia Court of Appeals · 1949
- Provident Life Ins. Co. v. GrantDistrict of Columbia Court of Appeals · 1943
- Berkshire Life Insurance Company v. Lucille Angela WhiteCourt of Appeals for the D.C. Circuit · 1954