Inter-State Business Men's Accident Ass'n v. Greene
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Geo. B. Hay- 1. Appellee was a professional baseball player and not insurable. Unless there was a waiver be can not recover. The burden was on appellee to show waiver. 67 Ark. 589; 65 Id. 299. No waiver was shown.
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Appeal from Hempstead Circuit Court; Geo. B. Hay- 1. Appellee was a professional baseball player and not insurable. Unless there was a waiver be can not recover. The burden was on appellee to show waiver. 67 Ark. 589; 65 Id. 299. No waiver was shown. Neither sending printed blanks, the payment of $100 nor acceptance of premium subsequent to the injury was a waiver. 67 Ark. 587; 64 Id. 590. There was a waiver of forfeiture. 92 Ark. 378-384; 53 Id. 494; 99 Id. 476; 92 Id. 378; 67 Id. 588; 53 Id. 494; 79 Id. 475; 96 U. S. 577.
1Opinion of the CourtHumphreys, J.
Appellee brought suit against appellant in a magistrate’s, court in Hempstead County, Arkansas, for a balance of $214.28, alleged to be due on an insurance policy, issued by appellant to appellee on the 14th day of March, 1916, 12 per cent, penalty and $50 attorney’s fee.
Appellant entered its appearance and judgment was rendered against it, from which an appeal was prosecuted to the circuit court.
Upon trial anew in the circuit court, evidence was heard and the following stipulation filed: “It is agreed by the parties that it is provided in the defendant association’s classification of risks…
2Cases cited9 opinions
- Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- Phoenix Insurance v. FlemmingSupreme Court of Arkansas · 1898
- Planters' Mutual Insurance v. LoydSupreme Court of Arkansas · 1900
- Queen of Arkansas Insurance v. ForlinesSupreme Court of Arkansas · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sovereign Camp Woodmen of the World v. NewsomSupreme Court of Arkansas · 1920
- NEW YORK UNDERWRITERS'FIRE INS. CO. v. Malham & Co.Court of Appeals for the Eighth Circuit · 1928
- National Surety Co. of New York v. FoxSupreme Court of Arkansas · 1927
- Washington County Farmers Mutual Fire Insurance v. ReedSupreme Court of Arkansas · 1951
- National Life Insurance Company v. GreggSupreme Court of Arkansas · 1925
1 more not listed; retrieve them via the Exa API.