Statham v. New York Life Insurance
Mississippi Supreme Court
Error to the chancery court of Hinds county. Watts, J. The facts appear in the opinion of the court. The process, .by which the funds of the company in this state were seized, was a writ of attachment and sequestration, issued from the chancery court. The several causes of demurrer assigned may all be considered under two heads, viz. : 1st. The complainant had an adequate remedy at law. 2d.
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Error to the chancery court of Hinds county. Watts, J. The facts appear in the opinion of the court. The process, .by which the funds of the company in this state were seized, was a writ of attachment and sequestration, issued from the chancery court. The several causes of demurrer assigned may all be considered under two heads, viz. : 1st. The complainant had an adequate remedy at law. 2d. Complainant forfeited all right to the amount of the policy by the non-payment of the premium, due on the 8th of December, 1867, and the excuse set up in the bill is not sufficient to induce a court of…
1Opinion of the Court
Simeall, J.:
This suit in chancery was brought by the complainants, the children and heirs of Mrs. Lucy B. Statham, deceased, who was the wife of Dr. Augustine D. Statham, deceased, against the New York Life Insurance Company, a corporation created by the state of New York, and Benj. Gr. Humphries, L. Mimms and J. Gr. Milligan, defendants, to recover the amount of a policy of insurance, on the life of Dr. A. D. Statham,' issued in favor of, and to be paid to, his wife, Lucy B., in case she survived her husband, if she did not, then to her children. The bill alleges that Dr. Statham, deceased…
2Cases cited6 opinions
- Hanger v. AbbottSupreme Court of the United States · 1868
- Ward v. SmithSupreme Court of the United States · 1869
- Griswold v. WaddingtonNew York Supreme Court · 1819
- Clarke v. MoreyNew York Supreme Court · 1813
- Jemison v. McDanielMississippi Supreme Court · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- M P I, Inc. v. McCulloughDistrict Court, N.D. Mississippi · 1978
- Bieber v. IversenSupreme Court of Iowa · 1920
- Bridgeman v. BridgemanMississippi Supreme Court · 1942
- Dinwiddie v. GlassMississippi Supreme Court · 1916
- Martin v. McGrawMississippi Supreme Court · 1964
7 more not listed; retrieve them via the Exa API.