Bane v. Travelers' Insurance
Court of Appeals of Kentucky
Case 82 — PETITION ORDINARY APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. 1. The written order was in effect a bill of exchange; for it did not limit the railroad company to paying each installment out of a particular month’s earnings only; but was a general order to pay out of any funds of Bane’s the railroad company might have, orto advance the money for Bane.
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Case 82 — PETITION ORDINARY APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. 1. The written order was in effect a bill of exchange; for it did not limit the railroad company to paying each installment out of a particular month’s earnings only; but was a general order to pay out of any funds of Bane’s the railroad company might have, orto advance the money for Bane. The mention of the different months was merely a direction to the railroad company against which fund to charge what it should pay, in order to reimburse itself. (Daniel Negotiable Instruments, section 51; Bank of Kentucky v. Sanders,…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
Tbe portions of tbe accident policy issued on tbe tenth day of January, 1883, by tbe appellee, tbe Travelers’ Insurance Company, upon tbe life of Patrick Bane, which are material to tbe consideration of this .case, read thus;
“Tbe Travelers’ Insurance Company of Hartford, (Conn., in consideration of tbe warranties made in tbe application for this policy, and of an order on tbe Texas Pacific Railway Company for tbe sum of twenty dollars, payable by installments in accordance with said order, does hereby insure Patrick Bane in tbe principal sum of two…
2Cases cited1 opinion
- Lyon v. Travelers' InsuranceMichigan Supreme Court · 1884
3Cited by20 opinions
- Phenix Insurance v. TomlinsonIndiana Supreme Court · 1890
- Pacific Mutual Life Insurance v. WalkerSupreme Court of Arkansas · 1899
- Employer's Liability Assurance Corp. v. RochelleCourt of Appeals of Texas · 1896
- McMahon v. Travelers' InsuranceSupreme Court of Iowa · 1889
- Kerlin v. National Accident Ass'nIndiana Court of Appeals · 1893
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