Legal Opinion

Baird v. Union Mutual Life Insurance

Nebraska Supreme Court

Decided March 17, 1920No. 20529PublishedCited by 6 opinions

Appeal from the district court for Lancaster county: P. James Cosgrave, Judge.

1Per curiam

Motion to modify judgment. Former opinion reported in 103 Neb. 609.

Defendant tendered to plaintiff $3,112.20, and demanded a receipt in full and the execution of a formal release and return of a policy. In view of the decisions, the tender by defendant was conditional and was therefore vitiated. Schrandt v. Young, 62 Neb. 254; Wilkins v. Redding, 70 Neb. 182; Parker v. Supreme Tent, K. M. O. W., 191 Mo. App. 508; 38 Cyc. 154.

Our former judgment of reversal is therefore modified to permit a recovery of interest, costs and attorney’s fees by plaintiff. As modified herein, our former judgment of…

2Cases cited4 opinions

  1. Schrandt v. YoungNebraska Supreme Court · 1901
  2. Baird v. Union Mutual Life InsuranceNebraska Supreme Court · 1919
  3. Wilkins v. ReddingNebraska Supreme Court · 1903
  4. Parker v. Supreme Tent, Knights of the Maccabees of the WorldMissouri Court of Appeals · 1915

3Cited by6 opinions

  1. Halliday v. Farmers Insurance ExchangeIdaho Supreme Court · 1965
  2. McCrary v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1936
  3. Jensen v. Lincoln Hail InsuranceNebraska Supreme Court · 1933
  4. Adams v. AdamsNebraska Supreme Court · 1953
  5. Bennett v. Emerald Service, Inc.Nebraska Supreme Court · 1953

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