Schurmeier v. Connecticut Mut. Life Insurance
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. This writ of error challenges a judgment of $7,922.45 against the defendants below as executors of the will of John H. Schurmeier upon a demurrer to their answer.
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In Error to the Circuit Court of the United States for the District of Minnesota. This writ of error challenges a judgment of $7,922.45 against the defendants below as executors of the will of John H. Schurmeier upon a demurrer to their answer. These are the material facts which the pleadings disclose: John H. Schurmeier was a citizen and resident of the state of Minnesota when he died on July 16, 1900. At the time of his death the Connecticut Mutual Life Insurance Company held his promissory note and mdrtgage for $50,000. payable on July 2,1904, and for .interest on this amount payable…
1Opinion of the CourtSanborn, Circuit Judge
The judgnlent in this case is assailed on the ground, among others, that this action at law is barred by limitation, because the claim upon which it is founded was not presented to the probate court or to the court below for allowance within the time fixed by the former court for the presentation of claims against the estate of the debtor. On the other hand, counsel for the insurance company argue that until the sale of the mortgaged premises and the application of their proceeds to the payment of the mortgage debt on January 27, 1902 (Gen. St. Minn. 1894, § 4529), this was a contingent…
2Cases cited28 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- Byers v. McAuleySupreme Court of the United States · 1893
- National Surety Co. v. State BankCourt of Appeals for the Eighth Circuit · 1903
- Bagnell v. BroderickSupreme Court of the United States · 1839
- Barber Asphalt Pav. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1904
23 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Armstrong Cork Co. v. Merchants' Refrigerating Co.Court of Appeals for the Eighth Circuit · 1910
- Schurmeier v. Connecticut Mut. Life Ins.Court of Appeals for the Eighth Circuit · 1909
- Connecticut Mutual Life Insurance v. SchurmeierSupreme Court of Minnesota · 1914
- Frank v. Butler CountyCourt of Appeals for the Eighth Circuit · 1905
- Watkins v. EatonU.S. Circuit Court for the District of Northern New York · 1909
2 more not listed; retrieve them via the Exa API.