Lee v. Mutual Reserve Fund Life Ass'n
Supreme Court of Virginia
Error to a judgment of the Law and Equity Court of the city of Richmond, rendered August 12, 1898, in an action wherein the plaintiffs in error were the plaintiffs, and the defendant in error was the defendant.
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Error to a judgment of the Law and Equity Court of the city of Richmond, rendered August 12, 1898, in an action wherein the plaintiffs in error were the plaintiffs, and the defendant in error was the defendant. The action was in the names of A. S. Lee and Mary E. Lee, his wife, on a policy of insurance on the life of said A. S. Lee, which policy is payable “ within ninety days after the receipt of satisfactory evidence to the association of the death of the above-named member (A. S. Lee) * * * to Mary E. Lee (wife), of Richmond, county of Henrico, State of Virginia, if then living, otherwise…
1Opinion of the CourtBuchanan, J.
This is a writ of error to a judgment of the Law and Equity Court of the city of Richmond, sustaining a demurrer to the plaintiff’s declaration or complaint, and dismissing the case.
One of the grounds of demurrer relied on is that the female plaintiff had no cause of action, her right in the policy sued on being merely a contingent and not a vested right, and there was therefore a misjoinder of parties.
If it be true, as contended, that Mrs. Lee had no cause of *162action and was improperly joined with her husband, it was no ground for sustaining the demurrer to the declaration and dismissing the…
2Cases cited2 opinions
- Dingley v. OlerSupreme Court of the United States · 1886
- James v. Kibler's Adm'rSupreme Court of Virginia · 1896
3Cited by16 opinions
- Carlton v. BoudarSupreme Court of Virginia · 1916
- Simpson v. ScottSupreme Court of Virginia · 1949
- Suhre v. KottCourt of Appeals of Texas · 1917
- Miller v. JonesWest Virginia Supreme Court · 1911
- Mutual Reserve Fund Life Ass'n v. TaylorSupreme Court of Virginia · 1901
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