Thompson v. New York Life Ins.
Oregon Supreme Court
Defendant appeals. This is an action to recover certain premiums paid by the plaintiff to the defendant for a policy of insurance upon his life with legal interest thereon.
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Defendant appeals. This is an action to recover certain premiums paid by the plaintiff to the defendant for a policy of insurance upon his life with legal interest thereon. Among other things, the complaint states, that one S. L. Dinkelspeil, as agent of and for and on behalf of the defendant, agreed with the plaintiff to insure his life for ten years in the sum of one hundred thousand dollars in consideration of the payment to said Dinkelspeil on account of defendant of the sum of six thousand two hundred and sixty dollars for the first year’s premium on such insurance, and the sum of three…
1Opinion of the CourtLord, J.
From this statement of the pleadings, it will be noted that there are presented mainly three issues of fact: First, whether Dinkelspeil made the agreement with the plaintiff for the rebates on annual premiums on behalf of the company; second, whether he had authority co make such agreement as the agent of the company; and, third, whether such agreement was ratified by the company.
There are numerous assignments of error, and of those relied upon for a reversal, several involve the same question, and relate to the ruling of the trial court allowing the depositions of certain witnesses residing…
2Cases cited9 opinions
- McKee v. Phœnix InsuranceSupreme Court of Missouri · 1859
- Hedden v. GriffinMassachusetts Supreme Judicial Court · 1884
- Fischer v. . Hope Mutual Life Ins. Co.New York Court of Appeals · 1877
- Lovell v. WilliamsMassachusetts Supreme Judicial Court · 1878
- Swift v. MulkeyOregon Supreme Court · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. PomeroyOregon Supreme Court · 1896
- Mutual Reserve Fund Life Ass'n v. FerrenbachCourt of Appeals for the Eighth Circuit · 1906
- Herbert v. DufurOregon Supreme Court · 1893
- Bollenback v. Continental Casualty Co.Oregon Supreme Court · 1966
- Archbishop v. HackOregon Supreme Court · 1893