Royal Neighbors v. McCullar
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Lake City District; B. H. Dudley, Judge; 1. There was no evidence in the record to base the interrogatory propounded by the court to the jury, and the peremptory instruction requested by defendant should have been given. The court erred in allowing W. H. McCullar to testify in reference to sending his wife $50 and instructing her to pay the premiums on her insurance policy in advance.
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Appeal from Craighead Circuit Court, Lake City District; B. H. Dudley, Judge; 1. There was no evidence in the record to base the interrogatory propounded by the court to the jury, and the peremptory instruction requested by defendant should have been given. The court erred in allowing W. H. McCullar to testify in reference to sending his wife $50 and instructing her to pay the premiums on her insurance policy in advance. Parol evidence as to the contents of writing is inadmissible, and is not the best evidence ; further, there is no evidence showing the deceased ever received such a letter or…
1Opinion of the CourtSmith, J.
This suit was brought to recover the sum named in the benefit certificate issued by appellant company on the life of Mrs. Nora McCullar, who died October 27, 1918. The certificate was payable to her infant children, and this suit was brought by appellee ns next friend to collect the insurance.
The premiums or assessments were payable monthly and the constitution and by-laws of appellant provided that the failure to pay any one of these assessments would invalidate the certificate, and the defense interposed to the suit is that Mrs. McCullar failed to pay the premium falling due in September,…
2Cases cited5 opinions
- Hamburg Bank v. GeorgeSupreme Court of Arkansas · 1909
- Carter v. YoungerSupreme Court of Arkansas · 1916
- Donaghey v. WilliamsSupreme Court of Arkansas · 1916
- Fechheimer-Kiefer Co. v. KempnerSupreme Court of Arkansas · 1915
- Raymond v. RaymondSupreme Court of Arkansas · 1918
3Cited by4 opinions
- Arkansas Power & Light Co. v. HeyligersSupreme Court of Arkansas · 1934
- Merchants & Planters Bank v. HumbargerSupreme Court of Arkansas · 1941
- Millers Casualty Insurance v. MurphySupreme Court of Arkansas · 1973
- Jernigan, Bank Commissioner v. BrowneSupreme Court of Arkansas · 1938