Legal Opinion

Cranston v. West Coast Life Ins.

Oregon Supreme Court

Decided June 30, 1914PublishedCited by 26 opinions

From Baker: Gustav Anderson, Judge. In Banc. Statement by Mr. Justice Bean. This is an action by Irene M. Cranston as the beneficiary named in the policy of insurance written by the West Coast Life Insurance Company on the life of Walter A. Cranston, deceased, husband of the plaintiff. The trial of this cause in the lower court resulted in a verdict for the plaintiff, on which a judgment was entered, from which the defendant appeals. This is the second appeal in this case.

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From Baker: Gustav Anderson, Judge. In Banc. Statement by Mr. Justice Bean. This is an action by Irene M. Cranston as the beneficiary named in the policy of insurance written by the West Coast Life Insurance Company on the life of Walter A. Cranston, deceased, husband of the plaintiff. The trial of this cause in the lower court resulted in a verdict for the plaintiff, on which a judgment was entered, from which the defendant appeals. This is the second appeal in this case. A judgment for the plaintiff entered upon a directed verdict at the first trial of the case was reversed by this court:…

1Opinion of the CourtJustice Bean

1. A detailed statement of the facts and circumstances occurring on the first trial may be found in the former opinion, and it is unnecessary to detail the same matters here. The assignments of error raise three principal questions for review in this court.

First. That the court erred in refusing to grant the defendant’s motion for a judgment of nonsuit. The main question is whether or not the defendant waived the following conditions contained in the application which was incorporated into the policy of insurance:

“I hereby agree as follows: That if this application is accepted, the policy…

2Cases cited9 opinions

  1. Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
  2. Francis v. Mutual Life Ins.Oregon Supreme Court · 1910
  3. St. Louis Gunning Advertising Co. v. Wanamaker & BrownMissouri Court of Appeals · 1905
  4. Baker v. SeaweardOregon Supreme Court · 1912
  5. Lawrence v. Penn Mut. Life Ins.Supreme Court of Louisiana · 1904

4 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Phillips v. Colfax Company, Inc.Oregon Supreme Court · 1952
  2. Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949
  3. Howland v. Iron Fireman Mfg. Co.Oregon Supreme Court · 1949
  4. Hayutin v. GibbonsSupreme Court of Colorado · 1959
  5. Depot Realty Syndicate v. Enterprise Brewing Co.Oregon Supreme Court · 1917

21 more not listed; retrieve them via the Exa API.

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