Mississippi Supreme Court, 1905

New York Life Insurance v. McIntosh

Mississippi Supreme Court · Decided April 15, 1905 · Ooxj

86 Miss. 236

Cases that cite this one

4 later published cases cite this decision.

Interstate Life and Accident Ins. Co. v. Flanagan (Miss. 1973)
Stonsz v. Equitable Life Assurance Society of the United States (Pa. 1936)
Reynolds v. Northwestern Mutual Life Insurance (Iowa 1920)
Sutter-Van Horn Co. v. Mississippi Home Telephone Co. (Miss. 1915)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OoXj J\,

delivered the opinion of the court.

The learned chancellor erred in finding that appellant agreed or contracted with appellee’s testator to issue a policy of insurance upon his life in accordance with his written application. It refused his application for a standard policy, and offered him a policy of a lower class. This was declined by him. Appellant then decided to offer him another policy, *241which, while better than the one declined by him, was not the policy for which he had applied. He died before he had an opportunity to determine whether he would accept it. Thus it is perfectly evident that the minds of the parties never met, and that no contract for insurance was ever effected.

Reversed and remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.