Birge v. Franklin
Supreme Court of Minnesota
Action in the district court for Olmsted county to recover $1,010.-10 upon a life insurance policy, in which action defendant Franklin and his wife were substituted in place of Northwestern Mutual Life Insurance Company upon payment by it of the amount of the policy. The case was tried upon stipulated facts before Snow, J., who made findings and ordered judgment in favor of plaintiffs. From the judgment entered pursuant to the order, defendants appealed.
1Opinion of the CourtLewis, J.
In 1865, an old-line life insurance policy of $1,000 was taken out in the Northwestern Mutual Life Insurance Company, upon the application of Martha A. Birge, on the life of her husband, Benjamin Birge. The policy contained the following provision, after stating the consideration: “* * * Do assure the life of Benjamin Birge, *483of Eyota, in the county of Olmsted, statb of Minnesota, for the sole use of the said Martha A. Birge, in the amount of one thousand dollars, for the term of his natural life. And the said company do hereby promise and agree to pay the said sum assured, * * * and in case…
2Cases cited7 opinions
- Griswold v. . SawyerNew York Court of Appeals · 1891
- Whall v. ConverseMassachusetts Supreme Judicial Court · 1888
- Bicker v. Charter Oak Life InsuranceSupreme Court of Minnesota · 1880
- Wallace v. Mutual Benefit Life InsuranceSupreme Court of Minnesota · 1906
- Allis v. WareSupreme Court of Minnesota · 1881
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3Cited by5 opinions
- Walker v. United StatesCourt of Appeals for the Eighth Circuit · 1936
- Northwestern Mutual Life Insurance v. AdamsWisconsin Supreme Court · 1914
- Stahel v. Prudential Insurance Co. of AmericaSupreme Court of Minnesota · 1933
- Walker v. United StatesCourt of Appeals for the Eighth Circuit · 1936
- Wilson v. Travelers Insurance Co.Supreme Court of Minnesota · 1943