Seymour v. Chicago Guaranty Fund Life Society
Supreme Court of Minnesota
Appeal by defendant, the Chicago Guaranty Fund Life Society, from an order of the District Court of Washington County, W. C. Williston, J., made March 1, 1893, denying its motion for a new trial. The Northwestern Guaranty Life Insurance Company of St. Paul on July 27, 1888, issued its certificate to George M. Seymour of Stillwater, by which it agreed to pay his wife, the plaintiff Hannali D. Seymour, on his death $5,000, subject to certain rebate for a reserve fund.
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Appeal by defendant, the Chicago Guaranty Fund Life Society, from an order of the District Court of Washington County, W. C. Williston, J., made March 1, 1893, denying its motion for a new trial. The Northwestern Guaranty Life Insurance Company of St. Paul on July 27, 1888, issued its certificate to George M. Seymour of Stillwater, by which it agreed to pay his wife, the plaintiff Hannali D. Seymour, on his death $5,000, subject to certain rebate for a reserve fund. On November 10, 1891, the defendant agreed with the St. Paul Company to assume its business, and in pursuance thereof George M.…
1Opinion of the CourtGilfillan, C. J.
As the defendant’s articles of incorporation provide that certificates (of insurance) will be issued only to persons who are above the age of eighteen years and not above the age of sixty years, and that no person shall become a member of the corporation who is under eighteen or over sixty years of age, the contract of insurance with George M. Seymour, who, when the certificate was issued to him, was over sixty years of age, and the agreement of the defendant with the Northwestern Guaranty Life Insurance Company by which the former agreed to substitute its certificates of insurance' for those…
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