Leonard v. N.E. Mutual Life Ins. Co.

Supreme Court of Rhode Island

Leonard v. N.E. Mutual Life Ins. Co.

46 A. 455, 22 R.I. 130, 1900 R.I. LEXIS 66

DecidedMay 25, 1900

StatusPublished

This text of 46 A. 455 (Leonard v. N.E. Mutual Life Ins. Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leonard v. N.E. Mutual Life Ins. Co., 46 A. 455, 22 R.I. 130, 1900 R.I. LEXIS 66 (R.I. 1900).

Pincite

Opinion

Per Curiam.

(1) The rejoinder to the plaintiff’s replication avers that the application was signed by the insured after his answers were reduced to writing-.

The surrejoinder avers that the insured did not so sign the application,- but that he signed it in blank upon the promise of the medical examiner to write in the answers afterward and to forward it to the company, said examiner ‘ ‘ being the agent of said company and of said Henry Leonard.” The effect of this reply is that an agent of both parties, and hence his agent, did it.

Clearly this is no answer. All that is attempted to be set up by the surrejoinder can be shown under a traverse. Demurrer to surrejoinder sustained.

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Per Curiam.

(1) The rejoinder to the plaintiff’s replication avers that the application was signed by the insured after his answers were reduced to writing-.

The surrejoinder avers that the insured did not so sign the application,- but that he signed it in blank upon the promise of the medical examiner to write in the answers afterward and to forward it to the company, said examiner ‘ ‘ being the agent of said company and of said Henry Leonard.” The effect of this reply is that an agent of both parties, and hence his agent, did it.

Clearly this is no answer. All that is attempted to be set up by the surrejoinder can be shown under a traverse. Demurrer to surrejoinder sustained.

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Bluebook (online)

46 A. 455, 22 R.I. 130, 1900 R.I. LEXIS 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leonard-v-ne-mutual-life-ins-co-ri-1900.