Schwartz v. Germania Life Insurance
Supreme Court of Minnesota
Action on a policy of insurance in favor of plaintiff, upon tbe life of ber husband, Fridolin Schwartz; The decision upon a former appeal is reported, 18 Minn. 448, a new trial being granted. At the second trial in the court of common pleas for Ramsey county, before Hall, J., it appeared that on September 1, 1870, the plaintiff made application to defendant’s agent at St. Paul, one Ferdinand WiHius, for insurance to the amount of $1,000 upon her husband’s life.
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Action on a policy of insurance in favor of plaintiff, upon tbe life of ber husband, Fridolin Schwartz; The decision upon a former appeal is reported, 18 Minn. 448, a new trial being granted. At the second trial in the court of common pleas for Ramsey county, before Hall, J., it appeared that on September 1, 1870, the plaintiff made application to defendant’s agent at St. Paul, one Ferdinand WiHius, for insurance to the amount of $1,000 upon her husband’s life. In answer to the questions contained in the printed form of application, the plaintiff stated therein that her husband’s present…
1Opinion of the CourtYoung, J.
Upon the former appeal in this action, (18 Minn. 448,) it was determined that by the execution of the second policy, and its transmission from the home office at New York to the company’s agent at St. Paul, the company, defendant, signified its acceptance of the plaintiff’s application for insurance upon the life of her husband, Fridolin Schwartz. If upon the receipt of the policy, and down to the time when the plaintiff tendered the premium and demanded the policy, the agent had no other authority or duty in the matter than simply to deliver the policy on payment of the first premium, then…
2Cases cited5 opinions
- Atkins v. . ElwellNew York Court of Appeals · 1871
- Schwartz v. Germania Life Ins.Supreme Court of Minnesota · 1872
- Buntain v. BaileyIllinois Supreme Court · 1862
- Goodrich v. WestonMassachusetts Supreme Judicial Court · 1869
- Rindskoff, Bro. v. MaloneSupreme Court of Iowa · 1859
3Cited by13 opinions
- O'Leary v. WangensteenSupreme Court of Minnesota · 1928
- Babich v. Oliver Iron Mining Co.Supreme Court of Minnesota · 1923
- Hawkins v. SaubySupreme Court of Minnesota · 1892
- Topinka v. Minnesota Mutual Life InsuranceSupreme Court of Minnesota · 1933
- Marvin v. DutcherSupreme Court of Minnesota · 1880
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