Trotter v. Mutual Reserve Fund Life Ass'n
South Dakota Supreme Court
Appeal from circuit court, Yankton county. Hon. E. G. Smith, Judge. Action to recover on a policy of life insurance. Defendants’ demurrer to the complaint was overruled, and they appeal. The facts are stated in the opinion. The administrator was empowered to compromise with appellants without the approbation in any manner of the county# court, or of the heirs-at-law of the insured.
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Appeal from circuit court, Yankton county. Hon. E. G. Smith, Judge. Action to recover on a policy of life insurance. Defendants’ demurrer to the complaint was overruled, and they appeal. The facts are stated in the opinion. The administrator was empowered to compromise with appellants without the approbation in any manner of the county# court, or of the heirs-at-law of the insured. Moulton v. Holmes, 57 Cal. 341; Wyman’s Appeal, 13 N. H. 18; Choteau v. Suydam, 21 N. Y. 179; Boyd v. Oglesby, 23 Gratt. 674; Chadbourn v. Chadbourn, 9 Allen 173; In re Scott, 1 Redf. 236; § 1588, Cal. Code Civ.…
1Opinion of the CourtHaney, J.
It is alleged in the complaint: “(1) That the defendant the Mutual Reserve Fund Life Association at the times herein stated was, and now is, a corporation duly created and existing'under and by virtue of' the laws of the state of New York. (2) That on or about the third day of October, 1893, at Yankton, South Dakota, said defendant association, in *598consideration of am application for insurance, payment of forty dollars, and the further payment of fifteen dollars within sixty days from said date, received one Daniel L. Hadley, as one of its members, upon consideration of the payment of eleven…
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