Baird v. Union Mutual Life Insurance
This text of 177 N.W. 156 (Baird v. Union Mutual Life Insurance) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Motion to modify judgment. Former opinion reported in 103 Neb. 609.
Defendant tendered to plaintiff $3,112.20, and demanded a receipt in full and the execution of a formal release and return of a policy. In view of the decisions, the tender by defendant was conditional and was therefore vitiated. Schrandt v. Young, 62 Neb. 254; Wilkins v. Redding, 70 Neb. 182; Parker v. Supreme Tent, K. M. O. W., 191 Mo. App. 508; 38 Cyc. 154.
Our former judgment of reversal is therefore modified to permit a recovery of interest, costs and attorney’s fees by plaintiff. As modified herein, our former judgment of reversal is adhered to.
Judgment of Reversal Adhered to as Modified.
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Cite This Page — Counsel Stack
177 N.W. 156, 104 Neb. 352, 1920 Neb. LEXIS 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baird-v-union-mutual-life-insurance-neb-1920.