Legal Opinion

Knapp v. Homeopathic Mutual Life Insurance

Supreme Court of the United States

Decided March 22, 1886No. 167PublishedCited by 15 opinions

ERROR TO THE ' CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF ’MASSACHUSETTS. This was an action brought March 19, 1878, by a citizen of Massachusetts against a corporation established by the laws of New York, upon a policy of insurance, by which the company, “ in consideration- of the representations made to them in the application for this policy, which is hereby made a part of this contract, and of the sum óf $47.40 to them in hand paid by Abby Knapp, wife of…

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ERROR TO THE ' CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF ’MASSACHUSETTS. This was an action brought March 19, 1878, by a citizen of Massachusetts against a corporation established by the laws of New York, upon a policy of insurance, by which the company, “ in consideration- of the representations made to them in the application for this policy, which is hereby made a part of this contract, and of the sum óf $47.40 to them in hand paid by Abby Knapp, wife of Charles L. Knapp, and of the quarterly payment of a like ámoünt on or before the sixteenth days of July, October, January…

1Opinion of the CourtJustice Cray

The cancelling of the policy, in consequence of the husband’s fraudulent representation that the wife was dead, had no effect upon her rights. It is not relied,on by the defendant; and there is nothing in the case to show that it in any way influenced the conduct of the plaintiff by preventing her from paying the premiums or making- the election required by the policy.

The contract of insurance, made and to be'performed in New York, between a corporation and a citizen of that State, is to be governed by the law of New York. By that law, in respect to the payment of or the neglect to pay…

2Cases cited1 opinion

  1. Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871

3Cited by15 opinions

  1. Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
  2. Veal v. Security Mutual Life InsuranceCourt of Appeals of Georgia · 1909
  3. Porto v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1935
  4. Blume v. Pittsburg Life & Trust Co.Illinois Supreme Court · 1914
  5. Lenon v. Mutual Life InsuranceSupreme Court of Arkansas · 1906

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