Patch v. Phoenix Mutual Life Insurance
Supreme Court of Vermont
Assumpsit to recover a sum specified in an insurance policy. The case was tried upon the following agreed statement of facts: On the 21st day of February, 1865, the defendants, on the application of Charles W. Ripley, then the husband of Lucy B. Patch, who is now the wife of said John Patch, and one of the plaintiffs in this suit, assured the life of said Charles W., and executed and delivered to him an endowment policy of insurance for 15000, payable to the said Lucy B.,…
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Assumpsit to recover a sum specified in an insurance policy. The case was tried upon the following agreed statement of facts: On the 21st day of February, 1865, the defendants, on the application of Charles W. Ripley, then the husband of Lucy B. Patch, who is now the wife of said John Patch, and one of the plaintiffs in this suit, assured the life of said Charles W., and executed and delivered to him an endowment policy of insurance for 15000, payable to the said Lucy B., when the said-Charles W. should attain the age of forty years, (he then being of the ago of twenty-four years,) or at the…
1Opinion of the Court
The opinion of the court was delivered by. PieRPOInt, Oh. J.
The first question that naturally arises upon the case as made up and agreed upon by the parties, is whether or not the memorandum entered upon the policy of insurance prior to its execution and delivery, is to be treated as a part of the policy, to be considered and taken into account in determining the true meaning and effect of the instrument itself. We think the entry upon the margin of this policy, of the words, “ This policy is conditional on the interest on the two notes given in part payment for two premiums paid on No.…
2Cases cited3 opinions
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
- Pitt v. Berkshire Life InsuranceMassachusetts Supreme Judicial Court · 1868
- Graham v. StevensSupreme Court of Vermont · 1861
3Cited by12 opinions
- Attorney-General v. North America Life InsuranceNew York Court of Appeals · 1880
- Waters v. Security Life & Annuity Co.Supreme Court of North Carolina · 1907
- Douglas v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1881
- Franklin Life Ins. Co. v. BrantleySupreme Court of Alabama · 1936
- Alabama Gold Life Insurance v. ThomasSupreme Court of Alabama · 1883
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