Whitfield v. Ætna Life Ins.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Western District of Missouri. On the 3d day of November, 1900, the iEtna Life Insurance Company, a corporation created under the laws of Connecticut and doing business in the state of Missouri, issued in the latter state to James Whitfield, a citizen of that state, a policy of accident insurance, the material portions of which are as follows: “Twentieth Century Combination. Principal Sum, $5,000.00. Accident Policy.
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In Error to the Circuit Court of the United States for the Western District of Missouri. On the 3d day of November, 1900, the iEtna Life Insurance Company, a corporation created under the laws of Connecticut and doing business in the state of Missouri, issued in the latter state to James Whitfield, a citizen of that state, a policy of accident insurance, the material portions of which are as follows: “Twentieth Century Combination. Principal Sum, $5,000.00. Accident Policy. Premium, $6.25. “The IEtna Life Insurance Company, of Hartford, Conn., in consideration of the warranties made in the…
1Opinion of the CourtVan Devanter, Circuit Judge
The only question arising upon this record is, whether the court failed to give proper effect to the statute of Missouri which provides;
“In all suits upon policies of insurance on life hereafter issued by any company doing business in this state, to a citizen of this state, it shall be no defense that the insured committed suicide, unless it shall be shown to the satisfaction of the court or jury trying the cause, that the insured contemplated suicide at the time he made his application for the policy, and any stipulation in the policy to the contrary shall be void.”. Ilev. St. 1899, § 789(5.
A…
2Cases cited21 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Knowlton v. MooreSupreme Court of the United States · 1900
- United States v. KirbySupreme Court of the United States · 1869
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
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3Cited by6 opinions
- Carter v. Standard Acc. Ins.Utah Supreme Court · 1925
- Applegate v. Travelers InsuranceMissouri Court of Appeals · 1910
- Continental Casualty Co. v. AgeeCourt of Appeals for the Eighth Circuit · 1924
- Fields v. Pyramid Life Ins. Co.Supreme Court of Missouri · 1943
- United States v. BreedingDistrict Court, W.D. Virginia · 1913
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