Appleton v. Phenix Mutual Life Insurance
Supreme Court of New Hampshire
Bill in Equity, for a decree that the defendants issue a paid-up policy upon the life of Sarah Appleton, one of the plaintiffs. Facts found by a referee. From 1870 to February 13, 1878, the defendants were doing business in New Hampshire as an insurance company. Their agent in this state was C. W. Moore, who resided and had his office in Concord.
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Bill in Equity, for a decree that the defendants issue a paid-up policy upon the life of Sarah Appleton, one of the plaintiffs. Facts found by a referee. From 1870 to February 13, 1878, the defendants were doing business in New Hampshire as an insurance company. Their agent in this state was C. W. Moore, who resided and had his office in Concord. In 1870 the plaintiff Sarah took a policy upon her own life for $2,500. The policy required the annual premium of $176.15 to be paid on or before August 9 of each year during its continuance, with the condition that if it was not so paid the policy…
1Opinion of the CourtSmith, J.
The fact is established by the report of the referee, that prior to February 12, 1878, the plaintiff rightfully supposed and had reason to believe, from the defendants’ course of dealing with her, that Moore had authority to receive premiums overdue, and that the defendants would receive the money so paid for such time as Moore should accept money paid on his request. The policy by its terms became void February 9,1877, for non-payment of the note falling due on that date, unless the forfeiture was waived by the defendants. This condition was inserted for their benefit, and could of course be…
2Cases cited8 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Insurance Co. v. WolffSupreme Court of the United States · 1877
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Goit v. National Protection InsuranceNew York Supreme Court · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Daley v. Metropolitan Life InsuranceSupreme Court of New Hampshire · 1925
- Dunn v. National Life InsuranceSupreme Court of New Hampshire · 1897
- Lally v. Prudential Insurance Co. of AmericaSupreme Court of New Hampshire · 1909
- Dow v. HarkinSupreme Court of New Hampshire · 1892
- Wiggin v. PeacockSupreme Court of New Hampshire · 1949
4 more not listed; retrieve them via the Exa API.