Legal Opinion

Tait v. New York Life Ins.

U.S. Circuit Court for the District of Western Tennessee

Decided December 10, 1873Published

The plaintiffs in this case [W. E. Tait and others] are the legal representatives of Dr, Samuel Bond, who died August 8th, 1862. The facts upon which the principal questions of law in this case rest, are as follows: Dr, Bond, in his lifetime, viz.: on October 17th, 1854, procured a policy of insurance upon his life for the sum of $5,000, from the defendants, the New York Life Insurance Company, then and now a corporation for mutual insurance, organized and doing business…

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The plaintiffs in this case [W. E. Tait and others] are the legal representatives of Dr, Samuel Bond, who died August 8th, 1862. The facts upon which the principal questions of law in this case rest, are as follows: Dr, Bond, in his lifetime, viz.: on October 17th, 1854, procured a policy of insurance upon his life for the sum of $5,000, from the defendants, the New York Life Insurance Company, then and now a corporation for mutual insurance, organized and doing business under the laws of the state of New York, and having its home office in the city of New York. Dr. Bond then was, and…

1Opinion of the Court

EMMONS, Circuit Judge.

This is an action upon a policy of life insurance. The policy was issued some years before the war, and the premiums paid to 1861, when the agency at Memphis ceased in consequence of the war. A tender was afterwards made -in due time to the former agent, of all sums due before the death, which was in that year. The contract contains the following clause: “It is the true intent and meaning hereof that if the insured shall not pay the said premiums on or before the said days, together,” etc., this policy “shall cease and determine.” Across the face of the first and all…

2Cases cited40 opinions

  1. New York Life Insurance v. StathamSupreme Court of the United States · 1876
  2. Harmony v. . BinghamNew York Court of Appeals · 1854
  3. Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
  4. Wolfe v. . HowesNew York Court of Appeals · 1859
  5. Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826

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