Mutual Life Ins. v. Blair

Citations

• 130 F. 971
• 1904 U.S. App. LEXIS 4862

Syllabus

<p>1. Cancellation of Insteuments — Plea in Bae.</p> <p>Where insured died after the commencement of a suit in equity to cancel the policy for fraud, but before answer, whereupon an action on the policy was brought, a plea in bar alleging insured’s death, and the bringing and pendency of such action at law, was not available to present the objection that the bill was not sustainable for want of equity.</p> <p>2. Same — Conflicting Aveements.</p> <p>Where a plea in bar is filed to a bill in equity before answer, and its averments are in conflict with those in the bill, the averments in the bill will control, though the plea is verified.</p> <p>3. Insurance Policy — Cancellation—Pending Suit — Death of Assured-Effect.</p> <p>Where a court of equity had obtained jurisdiction both of the persons and subject-matter involved in a bill to cancel an insurance policy for fraud prior to insured’s death, the fact that insured died before answer, and that an action at law was immediately brought on the policy, in which all the defenses claimed by the insurance company in the equity suit were available, did not deprive the court of equity of jurisdiction to proceed with the suit and determine the controversy.</p> <p>4. Same — Adequate Remedy at Law.</p> <p>A life insurance policy provided that, on insured’s death, settlement should be had by the issuance of a new annuity contract, by the terms of which, when settlement was made, the first payment of 810,000 was payable to insured’s widow, who was to receive annual payments thereafter if she should live, for a period of 20 years from the date of the settlement; and, if she died prior to the expiration of that period, her two children should receive the remainder of such payments, and, if either of them should die before the expiration of the period, the other should take the share of the deceased child, and, if both died before the end of the period, the installments remaining unpaid should go to the executor of insured’s estate.