Brotherhood of Railroad Trainmen v. Merideth
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fulh, Judge; 1. The contract herein was void from the beginning for the reason that the insured made certain statements therein in breach of his warranties in said contract. The statements were warranties and were proved false as the beneficiar}1- (appellee) was not the lawful wife of the insured.
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Appeal from Pulaski Circuit Court, Second Division; Guy Fulh, Judge; 1. The contract herein was void from the beginning for the reason that the insured made certain statements therein in breach of his warranties in said contract. The statements were warranties and were proved false as the beneficiar}1- (appellee) was not the lawful wife of the insured. A wife of a man having another living wife not divorced is not a legal wife. 116 Ark. 501; Kirby’s Digest, § 5176; 97 Ark. 272. The insured had a living wife other than the appellee beneficiary, and the policy was void, as there was a breach of…
1Opinion of the CourtSmith, J.
This is a suit by appellee to recover -as beneficiary on a certificate of insurance issued by appellant company to one Arthur C. Merideth. Appellant (hereinafter referred to as the company) denied liability under the certificate for the reason, as it contends, that appellee- was not the lawful wife of the insured, who had alleged in his application for said certificate that appellee was his wife and warranted his statements to be true, full and complete. There was a trial before a jury, but at the conclusion of the testimony the court directed the jury to return -a verdict against the…
2Cases cited3 opinions
- Lincoln Reserve Life Insurance v. SmithSupreme Court of Arkansas · 1918
- National Americans v. BitchSupreme Court of Arkansas · 1915
- Brotherhood of American Yeomen v. FordhamSupreme Court of Arkansas · 1915
3Cited by16 opinions
- Lathan v. LathanSupreme Court of Arkansas · 1928
- Lodge v. Order of United Commercial Travelers of AmericaSupreme Court of Kansas · 1928
- Dennis v. Equitable Life Assurance SocietySupreme Court of Arkansas · 1935
- Bruno v. BrunoSupreme Court of Arkansas · 1953
- Mosley v. RainesSupreme Court of Arkansas · 1931
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