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Baird v. Union Mutual Life Insurance

John E. Baird v. Union Mutual Life Insurance Company

Baird v. Union Mut. Life Ins., 177 N.W. 156 (Neb. 1920)
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Court
Nebraska Supreme Court · State Highest Courts
Decided
March 17, 1920
Docket
No. 20529
Citations
177 N.W. 156104 Neb. 3521920 Neb. LEXIS 134
Disposition
Judgment of reversal adhered to as modified.
Cited by 6
Headnotes
Tender. “A tender, in order to be effectual, must be absolute and unconditional.” Bchrandt v. Young, 62 Neb. 254.
Summary
Appeal from the district court for Lancaster county: P. James Cosgrave, Judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1924: 11933: 11936: 11953: 21965: 119242026peak 1953 · 2

Relies on it most ⓘ

  1. Halliday v. Farmers Insurance Exchange404 P.2d 634 (Idaho 1965)
  2. McCrary v. New York Life Ins. Co.84 F.2d 790 (8th Cir. 1936)
  3. Jensen v. Lincoln Hail Insurance249 N.W. 94 (Neb. 1933)
  4. Adams v. Adams57 N.W.2d 131 (Neb. 1953)
  5. Bennett v. Emerald Service, Inc.59 N.W.2d 171 (Neb. 1953)
  6. Gipson v. Metropolitan Life Insurance199 N.W. 541 (Neb. 1924)

Most recent

  1. Halliday v. Farmers Insurance Exchange404 P.2d 634 (Idaho 1965)
  2. Bennett v. Emerald Service, Inc.59 N.W.2d 171 (Neb. 1953)
  3. Adams v. Adams57 N.W.2d 131 (Neb. 1953)
  4. McCrary v. New York Life Ins. Co.84 F.2d 790 (8th Cir. 1936)
  5. Jensen v. Lincoln Hail Insurance249 N.W. 94 (Neb. 1933)
  6. Gipson v. Metropolitan Life Insurance199 N.W. 541 (Neb. 1924)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Schrandt v. Young, 86 N.W. 1085 (Neb. 1901) 34
Baird v. Union Mut. Life Ins., 173 N.W. 686 (Neb. 1919) 7
Wilkins v. Redding, 97 N.W. 238 (Neb. 1903) 5
Parker v. Supreme Tent, Knights of the Maccabees of the World, 177 S.W. 722 (Mo. Ct. App. 1915) 2

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