Mutual Life Ins. v. Kelly
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United .¡States for the Southern District of Iowa. This was an action on two policies of insurance for ?2,500 and $5,000, respectively, executed by the Mutual Life Insurance Company of New York, the plaintiff in error, insuring the life of one Edward S. Kelly.
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In Error to the Circuit Court of the United .¡States for the Southern District of Iowa. This was an action on two policies of insurance for ?2,500 and $5,000, respectively, executed by the Mutual Life Insurance Company of New York, the plaintiff in error, insuring the life of one Edward S. Kelly. Two separate applications in writing were made by Kelly for these policies, one dated April 19, 1893, wherein he made his wife, Josephine R. Kelly, defendant in error, the proposed beneficiary, and the other dated December 18, 1893, wherein he designated one Robert P. Mulock, his wife’s father, as…
1Opinion of the CourtAdams, District Judge
It is first contended by learned counsel for the plaintiff that there is nothing before us for review; that the so-called “Agreed Statement of Facts” is only a concession of certain independent and separate facts, which were offered in evidence as a basis for a general finding; and that, inasmuch as there was no objection made to the introduction of such facts in evidence or exceptions saved to the ruling of the court thereon, the doctrine announced in Barnard v. Randle (C. C. A.) 110 Fed. 906, and cases therein cited, is applicable. Undoubtedly it is true, as settled by a long line of…
2Cases cited29 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Lehnen v. DicksonSupreme Court of the United States · 1893
- Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
24 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- E. I. Du Pont De Nemours & Co. v. Claiborne-Reno Co.Court of Appeals for the Eighth Circuit · 1933
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Ebner v. Ohio State Life InsuranceIndiana Court of Appeals · 1918
- New England Mut. Life Ins. Co. v. MitchellCourt of Appeals for the Fourth Circuit · 1941
- Scales v. Jefferson Standard Life Ins. Co.Tennessee Supreme Court · 1927
19 more not listed; retrieve them via the Exa API.