Union Central Life Insurance v. Caldwell
Supreme Court of Arkansas
Appeal from Sebastian .Circuit Court, Ft. Smith District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. Appellee, as the beneficiary of a life insurance policy issued to his mother by the appellant, sued appellant for the amount of the policy, less an amount loaned his mother by the appellant.
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Appeal from Sebastian .Circuit Court, Ft. Smith District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. Appellee, as the beneficiary of a life insurance policy issued to his mother by the appellant, sued appellant for the amount of the policy, less an amount loaned his mother by the appellant. The answer admitted the policy and death of the assured, but denied that the policy became a paid-up policy in favor of appellee upon the death of the assured, and set up a loan made to assured upon the joint note of herself and the appellee, with the policy as collateral. It averred that this policy,…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. The policy under which the premium loans accrued was an Ohio contract, and the rule prevailing there for the computation of interest, when the contract was executed, is applicable. It was shown that Ohio had no statutory rule upon the subject. It was, therefore, proper to prove the unwritten law, custom, usage, or practice obtaining in Ohio upon the subject by one skilled in or familiar with it. Barkman v. Hopkins, 11 Ark. 157; McNeill v. Arnold, 17 Ark. 154; Bowles v. Eddy, 33 Ark. 645; Blackwell v. Glass, 43 Ark. 209. Taking the figures furnished by…
2Cases cited16 opinions
- Phoenix Ins. Co. v. DosterSupreme Court of the United States · 1882
- Chicago & Vincennes Railroad v. FosdickSupreme Court of the United States · 1882
- Noyes v. ClarkNew York Court of Chancery · 1838
- Chicago Life Insurance v. WarnerIllinois Supreme Court · 1875
- Franklin Life Insurance v. WallaceIndiana Supreme Court · 1884
11 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Pfeiffer v. Missouri State Life InsuranceSupreme Court of Arkansas · 1927
- Equitable Life Assurance Society of the United States v. PettidArizona Supreme Court · 1932
- Timmerman v. Bankers' Reserve Life Co.Texas Commission of Appeals · 1933
- Equitable Life Assur. Soc. of the U.S. v. RobertsSupreme Court of Alabama · 1932
- Mutual Life Insurance v. HenleySupreme Court of Arkansas · 1916
20 more not listed; retrieve them via the Exa API.