United States Mutual Accident Ass'n of New York v. Kittenring
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Action to reform policy of accident insurance and for judgment upon policy as reformed. Judgment for plaintiff; defendant appeals. On the 27th day of October, 1890, the appellant, The United States Mutual Accident Association of the city of New York, was doing a general accident insurance business, with its principal office in the city of New York.
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Appeal from the District Court of Arapahoe County. Action to reform policy of accident insurance and for judgment upon policy as reformed. Judgment for plaintiff; defendant appeals. On the 27th day of October, 1890, the appellant, The United States Mutual Accident Association of the city of New York, was doing a general accident insurance business, with its principal office in the city of New York. Upon that day Pearce & Calvert were the general agents of the company in the city of Denver, and one J.“F. Huntington was a special agent, employed to solicit and forward to the home office…
1Opinion of the CourtChief Justice Hayt
At the trial an attempt was made to show that at the time of taking the application from Mrs. Kittenring, Huntington, the solicitor, gave a receipt by the terms of which the insurance, if accepted by the company, was to be in force from the date of the application. Such receipt was not produced upon the trial, but a printed blank was introduced, which was described as quite similar to the one alleged to have been executed. This evidence will not avail the plaintiff in this case for two reasons: First, the receipt is not sufficiently identified; second, it is expressly stated therein that it…
2Cases cited6 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Winnesheik Insurance v. HolzgrafeIllinois Supreme Court · 1870
- Walker v. Farmers' Ins.Supreme Court of Iowa · 1879
- Liverpool, London & Globe Insurance v. Sorsby ex rel. ChilesMississippi Supreme Court · 1882
- Fleming v. Hartford Fire InsuranceWisconsin Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
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- Field v. Missouri Life Ins. Co.Utah Supreme Court · 1930
- Prudential Insurance Co. of America v. HummerSupreme Court of Colorado · 1906
- Commonwealth Casualty Insurance v. KuhrtSupreme Court of Colorado · 1924