Clemmitt & Wife v. New York Life Insurance
Supreme Court of Virginia
Error to judgment of circuit court of Richmond city in suit of C. W. Clemmitt. and Myra P., his wife, who was Myra P., daughter of George W. Minnis, against the New York Life Insurance Company.
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Error to judgment of circuit court of Richmond city in suit of C. W. Clemmitt. and Myra P., his wife, who was Myra P., daughter of George W. Minnis, against the New York Life Insurance Company. In November, 1857, G. W. Minnis, of Virginia, insured his life with defendant for $5,000 for the sole benefit of his wife, Mary Jane, with the further condition stated in the policy, that, “in case of the death of said Mary Jane before the decease of the said George W. Minnis, then the amount of the insurance shall be payable after her death to her children.” Myra P. was her only child. Insured paid…
1Opinion of the CourtBurks, J.
On the trial of the issues helow, 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, and that if they believed that she died after the cause of action accrued, the same survived to her personal representative, and not to the plaintiff, Myra P. Minnis, and they should find for the defendant. This instruction resulted necessarily in a verdict for the defendant, as the facts left to the determination of the…
2Cases cited2 opinions
- Insurance Co. v. BaileySupreme Court of the United States · 1871
- Mutual Benefit Life Ins. v. Atwood's adm'xSupreme Court of Virginia · 1874
3Cited by10 opinions
- Tilley v. Connecticut Fire Ins.Supreme Court of Virginia · 1890
- Merrick v. Northwestern National Life InsuranceWisconsin Supreme Court · 1905
- Metropolitan Life Insurance v. McCormickIndiana Court of Appeals · 1898
- City of Newport News v. PotterCourt of Appeals for the Fourth Circuit · 1903
- Provident Savings Life Assur. Society of New York v. EllingerCourt of Appeals of Texas · 1913
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