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No. 8759912
United States Court of Appeals for the Ninth Circuit
Mutual Life Ins. v. Hathaway
No. 8759912 · Decided February 4, 1901
No. 8759912·Ninth Circuit · 1901·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
February 4, 1901
Citation
No. 8759912
Disposition
See opinion text.
Full Opinion
HAWLEY, District Judge. Prom the foregoing statement, it will readily be seen that the facts, as well as the legal principles, involved herein are substantially the same as were presented to the supreme court in Insurance Co. v. Cohen, 179 U. S. 262 , 21 Sup. Ct. 106, 45 L. Ed. — . The most important question in that case, as in this, w'as whether the law of New York controls. It was admitted by the supreme court that, if the policy was to be governed by the laws of New York, Mrs. Cohen was entitled to recover. The court, after a review of several authorities, came to the conclusion “that the statute of the state of New York does not, under the circumstances presented, control, and that the rights of the parties are measured alone by the terms of the contract. The insured having failed to pay the premium for years before his death, the policy was forfeited.” Upon the authority of that case, the judgment of the circuit court is reversed, and cause remanded for a new trial.
Plain English Summary
Prom the foregoing statement, it will readily be seen that the facts, as well as the legal principles, involved herein are substantially the same as were presented to the supreme court in Insurance Co.
Key Points
01Prom the foregoing statement, it will readily be seen that the facts, as well as the legal principles, involved herein are substantially the same as were presented to the supreme court in Insurance Co.
02The most important question in that case, as in this, w'as whether the law of New York controls.
03It was admitted by the supreme court that, if the policy was to be governed by the laws of New York, Mrs.
04The court, after a review of several authorities, came to the conclusion “that the statute of the state of New York does not, under the circumstances presented, control, and that the rights of the parties are measured alone by the terms of
Frequently Asked Questions
Prom the foregoing statement, it will readily be seen that the facts, as well as the legal principles, involved herein are substantially the same as were presented to the supreme court in Insurance Co.
FlawCheck shows no negative treatment for Mutual Life Ins. v. Hathaway in the current circuit citation data.
This case was decided on February 4, 1901.
Use the citation No. 8759912 and verify it against the official reporter before filing.