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Nina G. Dyer, as Administratrix of the Estate of C. C. Dyer, Deceased, Respondent, v. Missouri State Life Insurance Company, Appellant

Washington Supreme Court, Case No. 18870. En Banc.
Filed: January 9, 1925 | Pemberton, Tolman | Author: Tolman, J.

(dissenting) — In my judgment, if any cause of action survived it was only the cause of action which accrued to the deceased in his lifetime. The cause of action here involved, based upon his death, did not come into existence until death occurred. I therefore dissent.

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Opinion Details

Court
Washington Supreme Court
Case Number
18870. En Banc.
Filed Date
January 9, 1925
Format
XML
Lead Author
Tolman, J.
Judges
Pemberton, Tolman
Posture
Appeal from a judgment of the superior court for Pierce county, Chapman, J., entered April 14, 1924, upon the verdict of a jury rendered in favor of the plaintiff, in an action to recover the amount of a life insurance policy applied for. Affirmed.
Related Opinions
Opinion 1 (Pemberton)
Opinion 2 (Tolman, J.)

Additional Information

Attorneys
Bates Peterson , for appellant. Ellis, Fletcher Evans , for respondent.

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