Legal Opinion

Mullen v. Mutual Life Insurance

Texas Supreme Court

Decided February 25, 1896No. Application No. 856PublishedCited by 8 opinions

Error to Court of Civil Appeals for Fourth District, in an appeal from Bexar County. The suit was brought by Mullen against the insurance company to recover, on the death of his wife, upon an insurance policy for $2000 upon their joint lives. Defendant had judgment in the trial court, which was affirmed by the Court of Civil Appeals on appeal.

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Error to Court of Civil Appeals for Fourth District, in an appeal from Bexar County. The suit was brought by Mullen against the insurance company to recover, on the death of his wife, upon an insurance policy for $2000 upon their joint lives. Defendant had judgment in the trial court, which was affirmed by the Court of Civil Appeals on appeal. Chief Justice Gaines and Justice Brown being disqualified, the Governor appointed Hon. A. H. Willie Special Chief Justice and Hon C. C. Potter Special Associate Justice, who, with Justice Denman, constituted the court.

1Opinion of the Court

C. C. POTTEB, Special Associate Justice.

—Theplaintiff in error filed his petition in the District Court alleging that himself and his wife, Maud J. Mullen, at the same time made application to the defendant for a policy of $2000, upon the ordinary life joint plan twenty years distribution. He alleged that the applications were made on blanks furnished by the defendant and were signed by himself and wife; that both applications contained this provision: “This application is made to the Mutual Life Insurance Company of Hew York subject to the charter of the company and the laws of Hew York.”…

2Cases cited3 opinions

  1. Insurance Co. v. NortonSupreme Court of the United States · 1878
  2. Altgelt v. EmilienburgTexas Supreme Court · 1885
  3. Baxter v. Brooklyn Life InsuranceNew York Court of Appeals · 1890

3Cited by8 opinions

  1. McLaughlin v. BrockCourt of Appeals of Texas · 1920
  2. Metropolitan Life Insurance v. BradleyTexas Supreme Court · 1904
  3. Cole v. Knights of MacCabees of the WorldCourt of Appeals of Texas · 1916
  4. Mutual Life Ins. v. HillCourt of Appeals for the Ninth Circuit · 1899
  5. Southwestern Life Ins. Co. v. PowersCourt of Appeals of Texas · 1936

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