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Paine v. Pacific Mutual Life Insurance Co.

United States Court of Appeals for the Eighth Circuit
51 F. 689 (1892)


Facts

On May 29, 1890, Forrest Kendall applied for a life insurance policy from Pacific Mutual Life Insurance Company (defendant). The application made clear that Pacific employees would review it and would determine whether to issue a policy to Kendall. On June 3, Kendall died. On June 6, Pacific received the completed application. On June 7, Pacific, unaware of Kendall’s death, approved the application. On June 9, Pacific learned that Kendall had died and refused to issue an insurance policy. Paine (plaintiff), the executor of Kendall’s estate, brought suit, seeking specific performance of an insurance contract. The circuit court dismissed the complaint. Paine appealed.

Rule of Law

Issue

Holding and Reasoning (Sanborn, J.)

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