Holabird v. Atlantic Mut. Life Ins. Co.
U.S. Circuit Court for the District of Eastern Missouri
■ [This was an action on a policy of insurance for $10,000, issued October 22, 186S, by the defendant to the plaintiff, Carrie Hola-bird, upon the life of O. F. Holabird, her husband, in consideration of the representations made in the application, and of the amount of the premiums- paid by Carrie Holabird, the assured..
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■ [This was an action on a policy of insurance for $10,000, issued October 22, 186S, by the defendant to the plaintiff, Carrie Hola-bird, upon the life of O. F. Holabird, her husband, in consideration of the representations made in the application, and of the amount of the premiums- paid by Carrie Holabird, the assured.. The policy provided that, if within seven years from the date of the issue thereof, the declaration made by her, and .upon the faith of which the policy was issued, should be found in any respect untrue, then, and -in such case, the policy should be null and void. Before the…
1Opinion of the CourtTreat, District Judge
(charging jury). Under the issues in this case, the plaintiff must prove that at the date of the policy sued on she was the lawful wife of O. F. Holabird, the person on whose life the risk was taken. If, at the time of the marriage ceremony, in May, 1861, testified to by plaintiff, the said O. F. Holabird had a wife living, then said alleged marriage with plaintiff was void, and the plaintiff could not be, or become, the lawful wife of said O. F. Holabird during the lifetime of his former wife. By the statutes of Missouri, marriage is declared to be “a civil contract, to which the consent of…
2Cases cited3 opinions
- Price v. Phœnix Mutual Life InsuranceSupreme Court of Minnesota · 1871
- Equitable Life Assurance Society v. PatersonSupreme Court of Georgia · 1870
- Wilkins v. Germania Fire InsuranceSupreme Court of Iowa · 1881