Metropolitan Life Insurance v. Howle
Ohio Supreme Court
Error to the Circuit Court of Cuyahoga County. This same cause was here once before, and is reported in Life Ins. Go. v. Howie, 62 Ohio St., 204; the cause now here being the one brought' upon the two small policies, one for $126, dated September 25, 1893, and the other for $500, dated November-12, 1894. The policies were on tbe life of Sarah Iiowle, and ran in favor of her husband, said Henry Howie.
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Error to the Circuit Court of Cuyahoga County. This same cause was here once before, and is reported in Life Ins. Go. v. Howie, 62 Ohio St., 204; the cause now here being the one brought' upon the two small policies, one for $126, dated September 25, 1893, and the other for $500, dated November-12, 1894. The policies were on tbe life of Sarah Iiowle, and ran in favor of her husband, said Henry Howie. She died September 5, 1895. The petition is in the usual form, and avers that he and she duly performed all of the conditions of said policies on their part to be performed, made proofs of death…
1Opinion of the Court
Upon the trial the defendant insurance company had a witness .ppon the stand with one of the applications for insurance in his hand, -amid was proceeding to- prove that the answers to the several questions therein were made by said Sarah Howie,- and that said answers were false, when counsel for plaintiff below objected on 'the ground that said defendant had failed to prove in open court .that it had returned with said policy a complete copy of said application as required by Section 3623, Revised Statutes. The court sustained the objection., and excluded both of said applications, to which…
2Cited by31 opinions
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
- Wright v. Federal Life Ins.Texas Commission of Appeals · 1923
- The People v. KellyIllinois Supreme Court · 1931
- New York Life Ins. v. WertheimerDistrict Court, N.D. Ohio · 1920
- Osterman v. EhrenworthNew Jersey Superior Court Appellate Division · 1969
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