Cooksey v. Mutual Life Insurance
Supreme Court of Arkansas
Appeal from Washington Circuit Court. John N. Tillman, Judge. The court erred in instructing a verdict. 37 Ark. 193. As to the constitutional provisions as to (he province of juries, see: 36 Ark. 451; 37. Ark. 164; lb. 239; lb. 580; 36 Ark. 146; 33 A-dc. 350: 34 Ark 469; lb. 743: 57 :Yrk. 461. The preliminary-contract was binding on the company, until the application was rejected. 16 Am. & Eng. Enc. Law (2d Ed.), 851; 7 Nev. 116, s. c. 8 Am.
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Appeal from Washington Circuit Court. John N. Tillman, Judge. The court erred in instructing a verdict. 37 Ark. 193. As to the constitutional provisions as to (he province of juries, see: 36 Ark. 451; 37. Ark. 164; lb. 239; lb. 580; 36 Ark. 146; 33 A-dc. 350: 34 Ark 469; lb. 743: 57 :Yrk. 461. The preliminary-contract was binding on the company, until the application was rejected. 16 Am. & Eng. Enc. Law (2d Ed.), 851; 7 Nev. 116, s. c. 8 Am. Rep. 705. The receipt and approval of the application, whether or not the policy had been issued, was binding on the company; and it is immaterial…
1Opinion of the CourtMcCulloch, J.
Geo. Cooksey, as administrator of the estate of his brother, Thos. Cooksey, sued the Mutual Life Insurance Company, of New” York, upon an alleged contract of insurance executed by that company upon the life of said Thos. Cooksey.
It is not claimed that a policy of insurance was issued to Thos. Cooksey by the company, but the following facts are asserted and shown by the record: On November 27, 1900, Thos. Cooksey made application to appellee for insurance through one Carothers, who was a soliciting agent acting under appellee’s general agent for the State of Arkansas. The application signed by…
2Cases cited2 opinions
- Mohrstadt v. Mutual Life Ins.Court of Appeals for the Eighth Circuit · 1902
- Steinle v. New York Life Ins.Court of Appeals for the Fifth Circuit · 1897
3Cited by32 opinions
- Gaunt v. John Hancock Mut. Life Ins. Co.Court of Appeals for the Second Circuit · 1947
- Ransom v. Penn Mutual Life InsuranceCalifornia Supreme Court · 1954
- Stonsz v. Equitable Life Assurance Society of the United StatesSupreme Court of Pennsylvania · 1936
- Colorado Life Co. v. TeagueCourt of Appeals of Texas · 1938
- National Union Fire Insurance v. School District No. 55Supreme Court of Arkansas · 1916
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