Miles v. Connecticut Mutual Life Insurance
Supreme Court of the United States
ERR'OR TO THE CIRCUIT COURT OF THE .UNITED STATES FOR- THE EASTERN DISTRICT OF PENNSYLVANIA. • ■ This was an action to recover on a policy of life insurance. Trial, verdict for the defendant, and judgment on the verdict; to review which this writ of error was sued out. The case is stated in the opinion.
1DissentJustice Brown
I am compelled to dissent from the opinion of the court in this case. I think the company is estopped by its own act to set up the non-payment of the premium as aAefence. At the time the original policy was surrendered and the new ones taken out, there had been no failure to pay the premiums as they became due. The surrender was made without the authority or knowledge of the plaintiff, and it is admitted that it was not binding upon her, but it was made by one who did have authority to pay her premiums upon the original policy, and was accepted by the company, and, for the time being, the…
2Cases cited4 opinions
- Whitehead v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Pilcher v. New York Life InsuranceSupreme Court of Louisiana · 1881
- Garner v. . Germania Life Ins. Co.New York Court of Appeals · 1888
- Schneider v. United States Life InsuranceNew York Supreme Court · 1889