Industrial Mutual Indemnity Co. v. Perkins
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Fvans, Judge; STATEMENT BY THE COURT. This is an action against appellant on a policy of life insurance. The complaint alleged the issuance of the policy and the déath of the assured, and recites: “That said company issued to her, the said plaintiff, its policy of insurance, to which it attached the receipt of said company for the said premium, signed and countersigned as the contract requires.”
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Appeal from Crawford Circuit Court; Jeptha H. Fvans, Judge; STATEMENT BY THE COURT. This is an action against appellant on a policy of life insurance. The complaint alleged the issuance of the policy and the déath of the assured, and recites: “That said company issued to her, the said plaintiff, its policy of insurance, to which it attached the receipt of said company for the said premium, signed and countersigned as the contract requires.” The answer admitted the issuance of the policy upon which the action was brought, and admitted that the policy had attached to it a receipt for the first…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The court did not err in refusing a peremptory instruction for appellant. It was a question for the jury, under the evidence, as to whether or not the premium had been paid. The court correctly 'instructed the jury on that question. But the court erred in permitting counsel for the appellee in his argument “to call attention to the fact that the defendant (appellant) had not produced Nicholson and to insist that its failure to produce him would warrant the jury, under the circumstances, in drawing an unfavorable inference against the defendant (appellant)…
2Cases cited4 opinions
- Scovill v. BaldwinSupreme Court of Connecticut · 1858
- Diel v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
- Reynolds v. International & Great Northern Railway Co.Court of Appeals of Texas · 1905
- Daggett v. Champlain Manufacturing Co.Supreme Court of Vermont · 1900
3Cited by7 opinions
- Parker v. StateSupreme Court of Arkansas · 1979
- Brown v. StateMississippi Supreme Court · 1910
- Ellerman v. Skelly Oil Co.Supreme Court of Minnesota · 1948
- Industrial Mutual Indemnity Co. v. PerkinsSupreme Court of Arkansas · 1908
- Trustees System Co. v. United StatesDistrict Court, W.D. Kentucky · 1939
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