Legal Opinion

Hartford Life Insurance v. Blincoe

Supreme Court of the United States

Decided February 28, 1921No. 161PublishedCited by 21 opinions

ERROR TO THE SUPREME COURT OP THE STATS QF MISSOURI. This was an action to.collect life insurance.. The defense, was that the-policy had been forfeited by nonpayment of an assessment due and payable under its terms. The state court held the assessment void because there was included in it, without warrant, the amount of 1,5 cents to cover a tax of 2 per cent, to be paid to the State as a tax on the amount of the assessment collected.

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ERROR TO THE SUPREME COURT OP THE STATS QF MISSOURI. This was an action to.collect life insurance.. The defense, was that the-policy had been forfeited by nonpayment of an assessment due and payable under its terms. The state court held the assessment void because there was included in it, without warrant, the amount of 1,5 cents to cover a tax of 2 per cent, to be paid to the State as a tax on the amount of the assessment collected. The decision of this court involves primarily the scope and effect of its former decision of the case, in 245 U. S. 146. The decision under review is based…

1Opinion of the CourtJustice McKenna

This is the second writ of error in this case. The opinion upon the first writ is reported in 245 U. S. 146. The suit here is, as it was there, upon a certificate of qualified life insurance, issued to Frank Barber and payable at his, death to his wife, the plaintiff, who has since died and her administratrix has been substituted as defendant in error.

The defense here is, as it was there, that Barber failed to pay the mortuary assessment levied January 29, 1910, known as quarterly call No. 126 and that the failure voided the policy by . its terms.

In that case Mrs. Barber recovered judgment,…

2Cases cited2 opinions

  1. Messenger v. AndersonSupreme Court of the United States · 1912
  2. Hartford Life Insurance v. BarberSupreme Court of the United States · 1917

3Cited by21 opinions

  1. Fed. Sec. L. Rep. P 96,030 Henry T. Sanders v. John Nuveen & Co., Inc.Court of Appeals for the Seventh Circuit · 1977
  2. Kenneth Lehrman v. Gulf Oil CorporationCourt of Appeals for the Fifth Circuit · 1974
  3. City of Cleveland, Ohio v. Federal Power Commission, Cleveland Electric Illuminating Co., IntervenorCourt of Appeals for the D.C. Circuit · 1977
  4. Ischay v. BarnhartDistrict Court, C.D. California · 2005
  5. Tartak v. Tribunal de Distrito de Puerto RicoSupreme Court of Puerto Rico · 1953

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