Union Central Life Insurance v. Chowning
Court of Appeals of Texas
Appeal from Dallas. Tried below before A. S. Lathrop, Esq., Special Judge. 1. If the policy provides that on failure to pay a premium or any note or other obligation taken for it, at maturity, the failure “shall then and thereafter cause this policy to be void, without notice to any party or parties interested herein,” no declaration by the company of the forfeiture, or notice of its claim that the policy has ceased, will be required to give this clause effect.
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Appeal from Dallas. Tried below before A. S. Lathrop, Esq., Special Judge. 1. If the policy provides that on failure to pay a premium or any note or other obligation taken for it, at maturity, the failure “shall then and thereafter cause this policy to be void, without notice to any party or parties interested herein,” no declaration by the company of the forfeiture, or notice of its claim that the policy has ceased, will be required to give this clause effect. Pendleton v. Ins. Co., 5 Fed. Rep., 238; Ins. Co. v. McLennan, 6 Ins. L. J., 124; Heim v. Ins. Co., 7 Daly (N. Y.), 536; Ashbrook v.…
1Opinion of the Court
FINLEY, Associate Justice.
This is a suit upon a life insurance policy for $5000, issued by appellant company upon the life of John T. Chowning, his wife, Sallie L. Chowning, being named as the beneficiary therein. The case was tried by a jury, and resulted in a verdict and judgment in favor of appellee for $6971.11. From this judgment the insurance company has appealed, and assigned errors as ground for reversal of the judgment.
The policy sued upon was an ordinary life insurance policy, executed by the proper officers of the defendant company, to wit, its president and. secretary, number…
2Cases cited14 opinions
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
- Thompson v. Insurance Co.Supreme Court of the United States · 1881
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Union Central Life Insurance v. ChowningTexas Supreme Court · 1894
- Willcuts v. Northwestern Mutual Life InsuranceIndiana Supreme Court · 1882
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Home Ins. Co. v. PuckettTexas Commission of Appeals · 1930
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. TaberIndiana Supreme Court · 1906
- Johnson v. Continental Insurance Co. of New YorkTennessee Supreme Court · 1907
- Jefferson Standard Life Ins. Co. v. HicksCourt of Appeals of Texas · 1924
- Veal v. Fire Ass'n of PhiladelphiaCourt of Appeals of Texas · 1930
3 more not listed; retrieve them via the Exa API.