Legal Opinion

Hartford Life Insurance v. Barber

Supreme Court of the United States

Decided November 19, 1917No. 252, 253PublishedCited by 30 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. The cases are stated in the opinion. while contending that the court below had correctly applied the Connecticut judgment, urged that this court was without jurisdiction because the decision rested on an independent non-federal ground, viz: That the assessment was void because not levied by proper authority, and becausé no record was made or kept of it.

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ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. The cases are stated in the opinion. while contending that the court below had correctly applied the Connecticut judgment, urged that this court was without jurisdiction because the decision rested on an independent non-federal ground, viz: That the assessment was void because not levied by proper authority, and becausé no record was made or kept of it. The charter of the company places the management of its affairs in its board of directors and the assessment made by the president and secretary was a nullity. It called for the exercise of…

1Opinion of the CourtJustice Holmes

These are suits upon two certificates of qualified life insurance issued to Frank Barber and payable at his death to his wife, the plaintiff — defendant in error here. The defence in both suits was the same; that Barber failed to pay a mortuary assessment levied on January 29, 1910, known as quarterly call No. 126, and that the failure avoided the policies by their terms. It set up further that, in a suit brought by one Dresser on behalf of himself and all certificate holders, including the plaintiff, in the Connecticut court having jurisdiction over the defendant and the mortuary fund from…

2Cases cited3 opinions

  1. Supreme Council of the Royal Arcanum v. GreenSupreme Court of the United States · 1915
  2. Hartford Life Insurance v. IBSSupreme Court of the United States · 1915
  3. Terre Haute & Indianapolis Railroad v. Indiana Ex Rel. KetchamSupreme Court of the United States · 1904

3Cited by30 opinions

  1. Hansberry v. LeeSupreme Court of the United States · 1940
  2. Ortiz v. Fibreboard Corp.Supreme Court of the United States · 1999
  3. Order of United Commercial Travelers of America v. WolfeSupreme Court of the United States · 1947
  4. Shutts v. Phillips Petroleum Co.Supreme Court of Kansas · 1977
  5. Newberry Library v. Board of EducationIllinois Supreme Court · 1944

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