Connecticut Mutual Life Insurance v. Schwenk
Supreme Court of the United States
Error to the Circuit Court of tbe United States for the Eastern District of Pennsylvania. This action was upon a life policy, dated March 26,1867, procured by Anthony A. McDonough from the Connecticut Mutual Life Insurance Company, in the name and for the sole use and benefit of his wife, Mary D. McDonough.
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Error to the Circuit Court of tbe United States for the Eastern District of Pennsylvania. This action was upon a life policy, dated March 26,1867, procured by Anthony A. McDonough from the Connecticut Mutual Life Insurance Company, in the name and for the sole use and benefit of his wife, Mary D. McDonough. In case she died before him, the amount of the insurance was payable to her children, for their use, or, if they were' under age, to their guardians, ninety days after notice and proof of his death. He died on the twelfth day of April, 1869, and she on the sixteenth day of April, 1868,…
1Opinion of the CourtJustice Strong
The issue, out of which arose both the questions brought here by this case for determination, was founded on a plea that Dr. McDonough, the person whose life had been insured, was older than he had been represented to be in the application for the policy. In that application, made March 25, 1867, his age was stated to be sixty-two at his next birthday. Accompanying the proofs of death furnished to the company by the plaintiffs below was an affidavit of one Thomas Nolan, that the death occurred on the 12th of April, 1869, and that the deceased was between sixty-six and seventy years of age at…
2Cases cited2 opinions
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Hubbard & Spencer v. Hartford Fire Ins.Supreme Court of Iowa · 1871
3Cited by33 opinions
- Hanover Fire Insurance v. B. C. Lewis & SonsSupreme Court of Florida · 1891
- Alabama Gold Life Insurance v. Mobile Mutual InsuranceSupreme Court of Alabama · 1886
- Hegler v. FaulknerSupreme Court of the United States · 1894
- Greenough v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1910
- Miller v. Hartford Fire Ins.Supreme Court of Iowa · 1886
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