Lincoln Reserve Life Insurance v. Smith
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court; Thomas G. Trimble, Judge; 1. The policy was void for misstatements and untrue answers which were warranties. The rate hook was admissible in evidence. The age of appellee was misstated, and no recovery could be had. 64 Am.
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Appeal from Faulkner Circuit Court; Thomas G. Trimble, Judge; 1. The policy was void for misstatements and untrue answers which were warranties. The rate hook was admissible in evidence. The age of appellee was misstated, and no recovery could be had. 64 Am. Dec. 529; 61 N. Y. 571; 25 Cyc. 740, note 43; 117 Wis. 24; 25 Cyc. 741 (f), 742 (4), 904 (A), 919 (L), 808 (D), etc.; 77 Ala. 210; 93 N. W. 800; 64 N. H. 241; 119 Iowa, 263; 72 Id. 232; 93 N. W. 662, 277; 9 Atl. 113; 25 S. W. 835. 2. It was error to allow the_penalty and attorney’s fee. 72 Ark. 378, etc. 3. It was permissible for…
1Opinion of the CourtMcCULLOCH, C. J.
This is an action on a life insurance policy issued by the defendant company to Langston S. Jones, a negro citizen of Faulkner County, Arkansas, payable to his own order, and subsequently assigned to the plaintiff, S. G. Smith, as creditor. The amount of the policy was $1,000, and plaintiff’s debt against Jones exceeded that amount, and he sues, therefore, to recover the full amount of the policy.
The written application for the policy was made to the company on September 25, 1916, and the policy was issued on October 14, 1916, and delivered immediately thereafter, and on October 26, 1916, by…
2Cases cited4 opinions
- Harley v. HeistIndiana Supreme Court · 1882
- Providence Life Assurance Society v. ReutlingerSupreme Court of Arkansas · 1894
- Washington Life Insurance v. HaneySupreme Court of Kansas · 1873
- Rawls v. American Life InsuranceNew York Supreme Court · 1862
3Cited by20 opinions
- Ozark Mutual Life Association v. DillardSupreme Court of Arkansas · 1925
- Ætna Life Ins. v. McAdooCourt of Appeals for the Eighth Circuit · 1940
- Brotherhood of Railroad Trainmen v. MeridethSupreme Court of Arkansas · 1920
- Importers' & Exporters' Insurance v. JonesSupreme Court of Arkansas · 1924
- Dennis v. Equitable Life Assurance SocietySupreme Court of Arkansas · 1935
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