Legal Opinion

Albert v. Order of Chosen Friends

U.S. Circuit Court for the District of Kentucky

Decided August 23, 1887PublishedCited by 11 opinions

At Law. On demurrer. Action by J. J. Albert, to recover $8,000 from the supreme council of the Order of Chosen Friends.

1Opinion of the CourtBarr, J.

The plaintiff has demurred to the defendant’s answer, and this demurrer raises important questions. The plaintiff has sued to recover of the defendant $3,000 because of his total inability to pursue his usual occupation — that of a barber. The answer (second paragraph) alleges that the plaintiff is not disabled by his disease from following some other occupation than that of a barber, and that he has, since his alleged disability, engaged in other occupations, and that he has in fact run, as owner, a restaurant in Russellville, and is now engaged in said occupation, and that he has also been…

2Cases cited1 opinion

  1. Saveland v. Fidelity & Casualty Co. of New YorkWisconsin Supreme Court · 1886

3Cited by11 opinions

  1. National Life & Accident Insurance v. O'Brien'sCourt of Appeals of Kentucky · 1913
  2. Wall v. Continental Casualty Co.Missouri Court of Appeals · 1905
  3. Hurley v. Bankers Life Co.Supreme Court of Iowa · 1924
  4. Henderson v. Continental Casualty CompanyCourt of Appeals of Kentucky (pre-1976) · 1931
  5. Metropolitan Life Ins. Co. v. FosterCourt of Appeals for the Fifth Circuit · 1933

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