Mutual Life Ins. Co. of New York v. Lovejoy
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by T. E. Lovejoy, as administrator of the estate of W. C. Lovejoy, against tlie Mutual Life Insurance Company of New York on a life insurance policy. Judgment for plaintiff, and defendant appeals. There was but one count which declared upon the policy, setting the same out in full.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by T. E. Lovejoy, as administrator of the estate of W. C. Lovejoy, against tlie Mutual Life Insurance Company of New York on a life insurance policy. Judgment for plaintiff, and defendant appeals. There was but one count which declared upon the policy, setting the same out in full. The following is the reinstatement clause of the policy: Unless it shall have been surrendered for its cash value, this policy may be reinstated at any time within three years from date of default in payment of any premium, upon evidence of…
1Opinion
On Rehearing.
MAYFIELD, J.
The writer was in error in saying in the opinion that this was the second appeal in this ease. The report of the case in 78 South. 299, L. R. A. 1918D, 860, 1 was between the same parties, but was on a different policy. The only excuse the writer has to offer is that the policies in the two cases are as near alike as if one were a copy of the other. The parties are the same, and the policies were issued on the same date, for the same amount, were forfeited the same day, reinstated the same day, and the same attorneys appeared for the respective parties in the same…
2Cases cited7 opinions
- Goodwin v. Provident Savings Life Assurance Ass'nSupreme Court of Iowa · 1896
- Mutual Life Ins. Co. of New York v. LovejoySupreme Court of Alabama · 1917
- Fearn v. WardSupreme Court of Alabama · 1886
- Lovick v. Providence Life Ass'nSupreme Court of North Carolina · 1892
- Davidson v. Old People's Mutual Benefit SocietySupreme Court of Minnesota · 1888
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