Legal Opinion

Lewis v. Phœnix Mutual Life Insurance

Supreme Court of Connecticut

Decided February 15, 1872PublishedCited by 41 opinions

Assumpsit for money bad and received, to recover the amount of premiums paid upon a life insurance policy; brought to the Court of Common Pleas, and tried on the general issue closed to the jury, before Pardee, J. The jury returned a verdict for the plaintiff, and the defendants moved for a new trial for error in the charge of the court. The case will be sufficiently understood from the opinion.

1Opinion of the CourtCabpenter, J.

We shall pass over the'question of jurisdiction, and some of the minor points discussed in this case, for the reason that the view we take of the law upon the conceded facts practically disposes of the case upon its merits. The following facts do not seem to have been disputed. George L. Remington was the accredited local agent of the defendants. Through his agency the defendants issued a policy for 110,000 on the life of Thomas Lewis, for the benefit of, and payable to, the plaintiff, a brother of said Thomas. By a secret arrangement between Remington and the plaintiff, Remington had a…

2Cases cited2 opinions

  1. Lord v. DallMassachusetts Supreme Judicial Court · 1815
  2. Bevin v. Connecticut Mutual Life InsuranceSupreme Court of Connecticut · 1854

3Cited by41 opinions

  1. New York Life Insurance v. FletcherSupreme Court of the United States · 1886
  2. MacKay v. Aetna Life InsuranceSupreme Court of Connecticut · 1934
  3. Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
  4. Finlay v. SwirskySupreme Court of Connecticut · 1925
  5. New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898

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