Legal Opinion

Lenon v. Mutual Life Insurance

Supreme Court of Arkansas

Decided November 26, 1906Published

Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; Lenon, as administrator of David Reeve, deceased, sued the Mutual Life Insurance Company of New York to recover the surrender value of two policies of life insurance, pne for $5,000 and one for $3,000, which were taken out by deceased in 1882, and on which the last premiums were paid in November, 1890. On June 4, 1902, Reeve sent the policies to the company’s general agents in St. Louis for the purpose of getting…

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Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; Lenon, as administrator of David Reeve, deceased, sued the Mutual Life Insurance Company of New York to recover the surrender value of two policies of life insurance, pne for $5,000 and one for $3,000, which were taken out by deceased in 1882, and on which the last premiums were paid in November, 1890. On June 4, 1902, Reeve sent the policies to the company’s general agents in St. Louis for the purpose of getting paid-up policies, and they were returned to him with the statement that the policies, having elapsed more than six…

1Opinion

on rehearing.

Opinion delivered December 3, 1906.

2Per curiam

The appellant asks a modification of the judgment, so as to render final judgment here on the agreed statement of facts, instead of reversing and remanding. It is within the power of the court to render such judgment, Kirby’s Digest, § 1236, but the better practice is to reverse and remand with directions to the circuit court to enter judgment in accordance with the opinion. Barton v. Lattourette, 55 Ark. 81. There is nothing in this case calling for a departure from the usual practice, and the judgment will be for a reversal and with directions…

3Cases cited1 opinion

  1. Barton v. LattouretteSupreme Court of Arkansas · 1891

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