Illinois Bankers' Life Ass'n v. Dowdy
Supreme Court of Arkansas
Appeal from Van Burén Circuit Court; J. M. Shinn, Judge; 1. The bank was the agent of appellant for no purpose except to collect premiums, and had no authority except that delegated in printed and written instructions.
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Appeal from Van Burén Circuit Court; J. M. Shinn, Judge; 1. The bank was the agent of appellant for no purpose except to collect premiums, and had no authority except that delegated in printed and written instructions. The premium for January, 1920, was due and was not paid, and under the terms of the policy it was void. 2. It was error to admit evidence to show that plaintiff had a deposit in the bank for the purpose of paying the premiums as they fell due, and that the bank had formed the habit of collecting* premiums after the period of grace allowed had expired. This testimony was not…
1Opinion of the CourtSmith, J.
On the trial from which this appeal comes the court gave, over the objection of appellant, an instruction reading as follows:
“No. 2. If you find, from a preponderance of the evidence in this case, that the said Tom M. Dowdy, as the agent of his wife, the said Julia A. Dowdy, during the latter days of December, 1919, or the early days of January, 1920, directed the cashier and assistant cashier of the Bank of Shirley, or either of them, to pay the premium due or coming due on said policy, and that said Tom M. Dowdy, from the time of such direction to the expiration for the payment of said…
2Cases cited3 opinions
- Sovereign Camp Woodmen of the World v. NewsomSupreme Court of Arkansas · 1920
- Security Life Insurance Co. of America v. BatesSupreme Court of Arkansas · 1920
- New York Life Insurance v. AllenSupreme Court of Arkansas · 1920
3Cited by4 opinions
- Equitable Life Assurance Society of United States v. MittelhauserSupreme Court of Florida · 1937
- Sovereign Camp Woodmen of the World v. PeaughSupreme Court of Arkansas · 1921
- Eminent Household of Columbian Woodmen v. SimmonsSupreme Court of Arkansas · 1921
- Stark v. Illinois Bankers Life Ass'nMichigan Supreme Court · 1922