New York Life Insurance v. Clemmitt
Supreme Court of Virginia
Error to judgment of circuit court of Richmond city, rendered on 3d January, 1883, in the action of 0. W. Clemmitt and Myra P., his wife, who was daughter of George W. Minnis, against The New York Life Insurance Company. This is the sequel to the case of Clemmitt and Wife v. The New York Life Insurance Company, which was decided by this court 30th March, 1882, and is reported in 76 Ya.
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Error to judgment of circuit court of Richmond city, rendered on 3d January, 1883, in the action of 0. W. Clemmitt and Myra P., his wife, who was daughter of George W. Minnis, against The New York Life Insurance Company. This is the sequel to the case of Clemmitt and Wife v. The New York Life Insurance Company, which was decided by this court 30th March, 1882, and is reported in 76 Ya. Reports, 355. In November, 1857, G. W. Minnis insured his life with said company for $5,000, for the sole benefit of his wife, Mary Jane, with the further conditions stated in the policy, “that in case of the…
1Opinion of the CourtLacy, J.
The questions involved in this case when first before this court were duly heard and considered, and the circuit court, which had rendered judgment for the defendant company, was reversed, and the case remanded to the said circuit court for a new trial to be had therein.
In the first trial in this court, the court said, “on the trial of the issues below, the court instructed the jury that £if they believed from the evidence that the defendant repudiated its contract in June or July, 1865, a cause of action then accrued to Mary Jane Minnis, the wife of George W. Minnis, if she were then alive,…
2Cited by21 opinions
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