Erickson v. Ladies of the Maccabees of the World
South Dakota Supreme Court
Appeal from Circuit Court, Codington County. Hon. Gdorg® H. Marquis, Judge. Action by Isabelle P. -Erickson, a minor, by John Erickson, her guardian, against -the Ladies of the Maccabees of the World. Ero-m a judgment for plaintiff and an order -denying a new trial defendant appeals.
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Appeal from Circuit Court, Codington County. Hon. Gdorg® H. Marquis, Judge. Action by Isabelle P. -Erickson, a minor, by John Erickson, her guardian, against -the Ladies of the Maccabees of the World. Ero-m a judgment for plaintiff and an order -denying a new trial defendant appeals. Representations or promises which it i's thus agreed shall constitute warranties are usually those of -such a character as to be manifestly material to -the risk assumed, but their materiality is to be determined solely by the parties to the contract, who may, if they see fit, agree that an apparently -trivial…
1Opinion of the CourtSmith, J.
On the 13th day of January, 1906, one Blanche Erickson took out a membership or policy of life insurance for $1,000 in the defendant corporation, a mutual benefit association organized under the laws of the state of Michigan, and thereafter paid all premiums and assessments to March 3, 1907, at which date she died. Isabelle P. Erickson, a minor daughter, was named as beneficiary, and brings the action by her guardian, John P. Erickson, to recover the amount claimed to be due upon said policy. The statements and answers contained in the application and the medical examination are expressly…
2Cases cited21 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Insurance Company v. MahoneSupreme Court of the United States · 1875
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
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3Cited by7 opinions
- Nichols & Shepard Co. v. MarshallSouth Dakota Supreme Court · 1911
- Myers v. Jefferson Standard Life Ins.Court of Appeals of Texas · 1925
- Norwick v. United Security Life CompanySouth Dakota Supreme Court · 1967
- Robertson v. HallSouth Dakota Supreme Court · 1934
- Myers v. Jefferson Standard Life Ins.Court of Appeals of Texas · 1925
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