Legal Opinion

Metropolitan Life Insurance v. Rutherford

Supreme Court of Virginia

Decided April 7, 1898PublishedCited by 12 opinions

Error to a judgment of the Law and Equity Court of the city of Richmond, rendered December 11, 1896, in an action of debt wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. The evidence sufficiently appears in the opinion of the court.

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Error to a judgment of the Law and Equity Court of the city of Richmond, rendered December 11, 1896, in an action of debt wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. The evidence sufficiently appears in the opinion of the court. The declaration was as follows: “Mary Rutherford complains of the Metropolitan Life Insurance Company of Mew York, a corporation chartered under the laws of the State of Mew York, and doing business in the State of Yirginia, of a plea that it render unto the said plaintiff the sum of $500, which to her the said…

1Opinion of the CourtBuchanan, J.

Mrs. Mary Rutherford instituted an action of debt against the Metropolitan Life Insurance Company to recover the sum of $1,012.94:. The declaration contained two special counts, the common counts for money lent, money paid, and money had and received, and upon an account stated.

The defendant company demurred to the declaration and to each count thereof, and pleaded nil debet. The demurrer was sustained as to the special counts, and overruled as to the common counts. Upon the trial of the cause upon the issues joined upon the common counts, the plaintiff offered to read to The jury two…

2Cases cited3 opinions

  1. Connecticut Mutual Life Insurance v. Union Trust Co.Supreme Court of the United States · 1884
  2. Brockenbrough v. Ward's AdministratorCourt of Appeals of Virginia · 1826
  3. Baltimore & Ohio R. R. v. McCullough & Co.Supreme Court of Virginia · 1855

3Cited by12 opinions

  1. Inter-Ocean Insurance v. HarkraderSupreme Court of Virginia · 1951
  2. Grubb v. BurfordSupreme Court of Virginia · 1900
  3. Boisseau v. Bass' AdministratorSupreme Court of Virginia · 1902
  4. Jenkins v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1907
  5. Granite Building Co. v. Saville's AdministratorSupreme Court of Virginia · 1903

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