Industrial Mutual Indemnity Co. v. Thompson
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; statement by the court. Appellee’s mother, Margaret Johnson, was insured with appellant company for $210, provided that at the time of her death all dues and assessments due the company were paid. The complaint of appellee alleged that Mrs. Johnson died on March 18, 1906; that all dues and assessments were fully paid; that appellant had paid $28.50, and refused to pay the balance.
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Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; statement by the court. Appellee’s mother, Margaret Johnson, was insured with appellant company for $210, provided that at the time of her death all dues and assessments due the company were paid. The complaint of appellee alleged that Mrs. Johnson died on March 18, 1906; that all dues and assessments were fully paid; that appellant had paid $28.50, and refused to pay the balance. Judgment was asked for $181.50. Appellant answered and admitted that, in consideration of weekly payments of fifty cents to be paid appellant on or before…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. Appellee contends here that the proof does not show that the policy was forfeited on account of the nonpayment of dues. But appellee tried the case in the court below upon the theory that the policy had been forfeited, but that such forfeiture was waived by the act of appellant’s agents in receiving the dues after the forfeiture for nonpayment. No issue was made in the court below as to non-forfeiture, and none could be made here.
2. The court instructed the jury at the'instance of appellee that if the forfeiture resulted from the nonpayment of dues, and…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1907
- Queen of Arkansas Insurance v. Cooper-Cryer Co.Supreme Court of Arkansas · 1906
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- Faye Hendrix Vickers, Individually and as Administratrix of the Estate of Arthur Ray Hendrix, Deceased v. Gifford-Hill & Company, Inc.Court of Appeals for the Eighth Circuit · 1976
- St. Louis-San Francisco Railway Co. v. CoxSupreme Court of Arkansas · 1926
- Pekin Cooperage Co. v. GibbsSupreme Court of Arkansas · 1914
- Home Life & Accident Co. v. ScheuerSupreme Court of Arkansas · 1924
- Public Savings Insurance v. ManningIndiana Court of Appeals · 1916
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