Albers v. Security Mutual Life Insurance
South Dakota Supreme Court
Appeal from Circuit Court, Clay County. Hon. Robert B. Tripp, Judge. Action, by Mabel M. Albers, against the Security Mutual Life Insurance (Company, to recover upon a policy of life insurance. From' a judgment for defendant, and from an order denying a new trial, plaintiff appeals. Reversed, and remanded with directions. (1) To point one of the opinion, re “binding receipt,” Appellant cited: Grier v. Mutual Life Ins.
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Appeal from Circuit Court, Clay County. Hon. Robert B. Tripp, Judge. Action, by Mabel M. Albers, against the Security Mutual Life Insurance (Company, to recover upon a policy of life insurance. From' a judgment for defendant, and from an order denying a new trial, plaintiff appeals. Reversed, and remanded with directions. (1) To point one of the opinion, re “binding receipt,” Appellant cited: Grier v. Mutual Life Ins. Co., 132 N. C. 542, 44 S. E. 28; Starr v. Mutual Life Ins. Co. of New York, (Wash.) 83 Pac. 116. Respondent cited: Robinson v. Union, Central Life Ins. Co., 144 Fed. 1010; Paine…
1Opinion of the CourtGates, J.
In March, 1916, and prior thereto, the defendant company, through its agents Richardson & Sherwood, solicited from one Louie Albers, and on March 3, 1916, obtained from him, an application for insurance on his life. On that day he gave to said' agents his promissory note for the amount of the first premium, and said agents issued to him, a “binding receipt.” On March 6, 1916, he went before tire physician named in the' “binding" receipt” for medical examination and was examined, and- the application was forwarded to the home office of defendant and1 received by it March 13, 1916. On said! day…
2Cited by27 opinions
- Gaunt v. John Hancock Mut. Life Ins. Co.Court of Appeals for the Second Circuit · 1947
- Ransom v. Penn Mutual Life InsuranceCalifornia Supreme Court · 1954
- Service v. Pyramid Life InsuranceSupreme Court of Kansas · 1968
- Stonsz v. Equitable Life Assurance Society of the United StatesSupreme Court of Pennsylvania · 1936
- Prudential Insurance Co. of America v. LammeNevada Supreme Court · 1967
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