Clark v. Equitable Life Assurance Society
Mississippi Supreme Court
Erom the chancery court, second district, of Coahoma county. Hon. A. EL. Longino, Chancellor. The husband of Mrs.- Clark, the appellant, complainant in the court below, nearly thirty years ago took out a policy of insurance in the Equitable Life Assurance Society, the appellee, for the sum of $10,00-0,. and before his death he had paid the company nearly that sum.
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Erom the chancery court, second district, of Coahoma county. Hon. A. EL. Longino, Chancellor. The husband of Mrs.- Clark, the appellant, complainant in the court below, nearly thirty years ago took out a policy of insurance in the Equitable Life Assurance Society, the appellee, for the sum of $10,00-0,. and before his death he had paid the company nearly that sum. By the application for insurance the husband requested that he be put in what is called the southern class of policy holders, and the policy issued recites that he was put in that class at his request, and the policy on its face…
1Opinion of the CourtWoods, C. J.
We have been unable to ascertain upon what ground or grounds the learned court below based its decree dismissing the bill of complaint filed by appellant, and we shall, therefore, briefly notice a few of those stated by counsel for appellee, as being sufficient to uphold that decree.
1. The fact that appellant received from appellee the sum of ten thousand dollars, called for by the policjq upon the life of *31her late husband, and receipted and surrendered the policy, is thought by counsel for appellee to be a complete answer to her present claim, on the idea that one who accepts part of a debt…
2Cited by1 opinion
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