Fidelity Mutual Life Insurance v. Click
Supreme Court of Arkansas
Appead from Howard Circuit Court; James S. Steel, Judge; The sole issue is, was the third annual premium paid? The appellee relies upon a receipt for that premium unfortified by any" other proof. The receipt alone was oiily prima facie proof of payment. The evidence on the part of appellant is clear and uncontradicted that this receipt was issued by mistake, and that this premium was never paid.
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Appead from Howard Circuit Court; James S. Steel, Judge; The sole issue is, was the third annual premium paid? The appellee relies upon a receipt for that premium unfortified by any" other proof. The receipt alone was oiily prima facie proof of payment. The evidence on the part of appellant is clear and uncontradicted that this receipt was issued by mistake, and that this premium was never paid. This testimony was consistent and reasonable throughout. 84 Ark. 368; 53 Ark. 96; 67 Ark. 514; 78 Ark. 234; 80 Ark. 396; 81 Ark. 368; Id. 405; 84 Ark. 333; 86 Ark. 465; 87 Ark. 70; 84 Ark. 368.
1Opinion
ON REHEARING.
McCulloch, C. J.
The introduction of the receipt, in regular form, properly signed and countersigned by those authorized to do so, raised a presumption of payment with the terms of the receipt, and cast upon appellant the burden of overcoming this presumption by affirmative proof of nonpayment. Appellee introduced no other proof of payment, and perhaps had none, as the person shown by the face of the receipt to have made the payment was then dead, and the receipt was executed nearly three years prior to his death. She rested merely on the presumption of payment raised by the…
2Cases cited3 opinions
- Industrial Mutual Indemnity Co. v. PerkinsSupreme Court of Arkansas · 1906
- Southern Express Co. v. HillSupreme Court of Arkansas · 1907
- Industrial Mutual Indemnity Co. v. PerkinsSupreme Court of Arkansas · 1908