New York Life Insurance v. McMaster
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Iowa. This is an appeal from a decree which so reformed five policies of life insurance as to advance the term of insurance described in them six days, and which in this way made them cover a death which occurred on the sixth day after the policies had expired by their terms.
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Appeal from the Circuit Court of the United States for the Northern District of Iowa. This is an appeal from a decree which so reformed five policies of life insurance as to advance the term of insurance described in them six days, and which in this way made them cover a death which occurred on the sixth day after the policies had expired by their terms. Each of the policies was dated on December 18, 1893. By each, the New York Life Insurance Company, the appellant, insured the life of Prank E. McMaster in the sum of $1,000, for the benefit of his executors, administrators, and assigns, in…
1Opinion of the CourtSanborn, Circuit Judge
In form, this is a suit in equity to reform written contracts. In fact, it is a bald attempt to supersede written agreements with the parol negotiations which preceded and induced them. It is contended that the insurance company agreed in the preliminary negotiations that it would issue policies which would insure the life of the deceased for 13 months, in consideration of the payment of the first annual premiums, and that, either by mutual mistake or by the fraud of the company, policies were issued which insured his life for only 12 months and 17 days, in consideration of those premiums. A…
2Cases cited47 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Thompson v. Insurance Co.Supreme Court of the United States · 1881
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Morrison v. Insurance Co. of North AmericaTexas Supreme Court · 1887
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
42 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Columbian Nat. Life Ins. Co. v. BlackCourt of Appeals for the Tenth Circuit · 1929
- Metropolitan Life Insurance Co. v. AlterovitzIndiana Supreme Court · 1938
- Housekeeper Pub. Co. v. SwiftCourt of Appeals for the Eighth Circuit · 1899
- Central Improvement Co. v. Cambria Steel Co.Court of Appeals for the Eighth Circuit · 1913
44 more not listed; retrieve them via the Exa API.