Mutual Life Ins Co. of New York v. Allen

Full title: MUTUAL LIFE INS. CO. OF NEW YORK v. ALLEN. v. ALLEN.

Court: United States Court of Appeals, Ninth Circuit

Date published: Oct 2, 1899

97 F. 985 (9th Cir. 1899)

Opinion

97 F. 985 (9th Cir. 1899) MUTUAL LIFE INS. CO. OF NEW YORK v. ALLEN. v. ALLEN. No. 519. United States Court of Appeals, Ninth Circuit. October 2, 1899

In Error to the Circuit Court of the United States for the Northern Division of the District of Washington.

Edward Lyman Short, John B. Allen, and R. C. Strudwick (Struve, Allen, Hughes & McMicken and Strudwick & Peters, of counsel), for plaintiff in error.

Allen & Allen, for defendant in error.

Before GILBERT and ROSS, Circuit Judges, and HAWLEY, District Judge.

HAWLEY, District Judge.

This is an action brought upon two policies of insurance on the life of Samuel B. Stewart, each for the sum of $2,500. One premium was paid on each policy when delivered. No other premiums were ever paid. The pleadings in this case, as to forfeiture, are similar to the case of Insurance Co. v. Sears (C.C.A.) 97 F. 986. The court sustained a demurrer to the answer, and rendered judgment in favor of defendant in error for $5,091, with interest and costs. Upon the legal principles announced in Insurance Co. v. Hill, Id. 263, and authorities there cited, the judgment of the circuit court is affirmed, with costs.