Collins v. Metropolitan Life Insurance
Montana Supreme Court
Appeal from District Court, Lewis and Claris County; Henry C. Smith, Judge. Action by John W. Collins against tbe Metropolitan. Life Insurance Company to recover tbe amount of an insurance policy. From a judgment for plaintiff and. an order denying it a new trial, defendant appeals. Statement of the Case, by the Justice Delivering the Opinion.
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Appeal from District Court, Lewis and Claris County; Henry C. Smith, Judge. Action by John W. Collins against tbe Metropolitan. Life Insurance Company to recover tbe amount of an insurance policy. From a judgment for plaintiff and. an order denying it a new trial, defendant appeals. Statement of the Case, by the Justice Delivering the Opinion. The Metropolitan Life Insurance Company of New York on August 6, 1902, issued to August Erickson, of the city of Helena, Montana, a policy of insurance on his life for $1,000; the consideration being the payment on or before the delivery of the policy…
1Opinion
On Motion eor Eei-iearing-.
2Opinion of the CourtChief Justice Beantly
Of the several grounds contained in the petition for a rehearing submitted herein only one requires notice. It is said by counsel that the conclusion reached is in direct conflict with the decision in Wright v. Fire Ins. Co., 12 Mont. 474, 81 Pac. 87, 19 L. E. A. 211, and that this decision should be followed or distinctly overruled. This contention is based upon a misconception of what was decided in the case of Wright v. Insurance Co., for it is clearly distinguishable from the case at bar. In that case a policy of a fire insurance had been effected by a general…
3Cases cited2 opinions
- Wright v. Fire InsuranceMontana Supreme Court · 1892
- Big Blackfoot Milling Co. v. Blue Bird Mining Co.Montana Supreme Court · 1897