Ladd v. Union Mut. Life Ins. Co. of Maine
U.S. Circuit Court for the District of Western Missouri
This case was submitted upon an agreed statement of facts, the substance of which is as follows: In December, 1888, the defendant company issued its policy of insurance upon the life of George F. Putnam. It was a 20-year policy upon the endowment plan. If the insured survived the 20 years he was to receive 85,000 or other substantive equivalent. In the event of his death within the period, the policy 'was made payable to his executor, administrator, or assigns.
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This case was submitted upon an agreed statement of facts, the substance of which is as follows: In December, 1888, the defendant company issued its policy of insurance upon the life of George F. Putnam. It was a 20-year policy upon the endowment plan. If the insured survived the 20 years he was to receive 85,000 or other substantive equivalent. In the event of his death within the period, the policy 'was made payable to his executor, administrator, or assigns. He died testate on May 30, 1899. The plaintiff, Sanford B. Ladd', is the duly appointed and qualified executor. The estate is…
1Opinion of the CourtPHIIylPS, District Judge
(after stating the facts as above). I am free to admit that the question presented for decision on the agreed statement of facts is most embarraásing, so much so that different judicial minds might assign most plausible reasons for different conclusions thereon. _ Nothing short of the expressed mind of the court of last resort can authoritatively settle the question in this jurisdiction.
The contention of plaintiff’s counsel is that no cause of action ever arose in favor of the deceased, George F. Putnam, in his lifetime on the policy in suit; that by its express terms it was made payable to…
2Cases cited15 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Winkler v. LietmanSupreme Court of Missouri · 1899
- Skiles v. HoustonSupreme Court of Pennsylvania · 1885
- In re WellingCourt of Appeals for the Seventh Circuit · 1902
- Boyden v. Massachusetts Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1891
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3Cited by1 opinion
- Jefferson Standard Life Insurance v. RankinCourt of Appeals of Georgia · 1929