Baird v. Union Mutual Life Insurance

Nebraska Supreme Court

Baird v. Union Mutual Life Insurance

177 N.W. 156, 104 Neb. 352, 1920 Neb. LEXIS 134

Nebraska Supreme Court·Decided March 17, 1920·No. No. 20529·Published·Cited by 6 cases

Opinion

Per Curiam.

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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Per Curiam.

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.

Baird v. Union Mutual Life Insurance, 177 N.W. 156, 104 Neb. 352, 1920 Neb. LEXIS 134 (Neb. 1920).

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Opinion

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