Legal Opinion

Co-operative Life Ass'n v. Leflore

Mississippi Supreme Court

Decided October 15, 1876PublishedCited by 22 opinions

Error to the Circuit Court of Montgomery County. Hon. O. Davis, Judge. At the November Term, 1873, of the Circuit Court of Montgomery County, John D. Leflore, for himself and as guardian for his minor children, instituted an action of assumpsit, upon a policy of insurance, which had been issued by the plaintiffs in error on 8th April, 1872, upon the life of Mrs. Fannie S. Leflore, wife of J. D. Leflore, and the mother of the minors, who were joint beneficiaries therein.

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Error to the Circuit Court of Montgomery County. Hon. O. Davis, Judge. At the November Term, 1873, of the Circuit Court of Montgomery County, John D. Leflore, for himself and as guardian for his minor children, instituted an action of assumpsit, upon a policy of insurance, which had been issued by the plaintiffs in error on 8th April, 1872, upon the life of Mrs. Fannie S. Leflore, wife of J. D. Leflore, and the mother of the minors, who were joint beneficiaries therein. The defendants pleaded the general issue, and gave notice of the special matters they would offer in evidence, to wit: — 1.…

1Opinion of the CourtChalmers, J.

John D. Leflore, suing for himself and children, recovered judgment in the Circuit Court of Montgomery County against the Co-operative Life Association of Mississippi, upon a policy of insurance which had been by said corporation issued upon the life of his deceased wife. The rightfulness of the recovery depends principally upon the correctness or incorrectness of the action of the court below in giving and refusing instructions.

It having been shown that Mrs. Leflore did not answer truly certain questions propounded to and answered by her, in her application for insurance, the court below…

2Cases cited6 opinions

  1. Insurance Co. v. NewtonSupreme Court of the United States · 1875
  2. Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
  3. Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1876
  4. Rawls v. . American Mutual Life Insurance CompanyNew York Court of Appeals · 1863
  5. Kelsey v. Universal Life InsuranceSupreme Court of Connecticut · 1868

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
  2. Fidelity Mutual Life Insurance v. MiazzaMississippi Supreme Court · 1908
  3. Phillips v. the Dow Chemical Co.Mississippi Supreme Court · 1963
  4. PRUDENTIAL INSURANCE CO. OF AM. v. Estate of RussellMississippi Supreme Court · 1973
  5. Home Ins. Co. v. CavinMississippi Supreme Court · 1931

17 more not listed; retrieve them via the Exa API.

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