Lockwood v. Michigan Mutual Life Insurance
Michigan Supreme Court
Error to Ingham; Wisner, J., presiding. Assumpsit by Stanley L. Lockwood against the Michigan Mutual Life Insurance Company to recover the cash-surrender value of certain policies of insurance. From a judgment for plaintiff on verdict directed by the court, defendant brings error. The plaintiff secured three policies of insurance, for $1,000 each, which were termed accumulative bonds.
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Error to Ingham; Wisner, J., presiding. Assumpsit by Stanley L. Lockwood against the Michigan Mutual Life Insurance Company to recover the cash-surrender value of certain policies of insurance. From a judgment for plaintiff on verdict directed by the court, defendant brings error. The plaintiff secured three policies of insurance, for $1,000 each, which were termed accumulative bonds. The annual premium on each was $49.95. They were payable to him in 20 years; but, if he should die before that time, the company agreed— “To pay the said sum of $1,000, and, in addition thereto, an amount equal…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The declaration failed to aver the surrender of the bond within the time limited, duly receipted by the insured and benefi*336ciaries. It is insisted that this was a fatal defect in the declaration. The defendant was not taken by surprise or prejudiced upon the trial by this technical defect in the declaration. Upon request, the court below would have permitted an amendment, and, under 2 How. Stat. § 7636, this court may treat the amendment as made.
2. Was it necessary that the receipt should be signed by all the beneficiaries ? The record does not show the reason…
2Cases cited3 opinions
- Continental Life Insurance v. PalmerSupreme Court of Connecticut · 1875
- Fowler v. . ButterlyNew York Court of Appeals · 1879
- Hubbard v. StappAppellate Court of Illinois · 1889
3Cited by14 opinions
- Indiana National Life Insurance v. McGinnisIndiana Supreme Court · 1913
- Mutual Life Ins. Co. of New York v. BufordSupreme Court of Oklahoma · 1916
- Voss v. Connecticut Mutual Life InsuranceMichigan Supreme Court · 1899
- People v. IgazMichigan Court of Appeals · 1982
- Cornell v. Mutual Life InsuranceMissouri Court of Appeals · 1914
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