Krause v. Equitable Life Assurance Society of United States
Michigan Supreme Court
Error to Wayne; Hosmer, J. Assumpsit by Samuel Krause, administrator of the estate of Benjamin S. Krause, deceased, against the Equitable Life Assurance Society of the United States, upon a life-insurance policy. From a judgment for plaintiff, defendant brings error.
1Opinion of the CourtMontgomery, J.
This case has been before the court on two former occasions, and the opinions are reported in 99 Mich. 401, and in 105 Mich. 329. Practically the,only question is whether, on the last trial, the circuit judge followed the opinion of Mr. Justice Grant in 105-Mich. 329. The circuit judge left it to the jury to say whether the new arrangement, by which the new policy was to take the place of the old, was perfected and complete, and whether it was waived by the company afterwards. We think these questions were properly submitted to the jury. It was said by Mr. Justice Grant in the former opinion…
2Cases cited2 opinions
- Brand v. SmithMichigan Supreme Court · 1894
- Krause v. Equitable Life Assurance SocietyMichigan Supreme Court · 1895