From our private database of 46,300+ case briefs, written and edited by humans—never with AI.
Paine v. Pacific Mutual Life Insurance Co.
United States Court of Appeals for the Eighth Circuit
51 F. 689 (1892)
- Written by Sean Carroll, JD
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.)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
