Manegold v. Massachusetts Life Insurance
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayiie. This was a suit upon an alleged contract of insurance upon the life of Joseph A. Manegold, and was brought by Clara J. Manegold, as the administratrix of Joseph A. Manegold, against the appellee, the Massachusetts Life Insurance Company.
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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayiie. This was a suit upon an alleged contract of insurance upon the life of Joseph A. Manegold, and was brought by Clara J. Manegold, as the administratrix of Joseph A. Manegold, against the appellee, the Massachusetts Life Insurance Company. Joseph A. Manegold made application for ten thousand dollars insurance in the Massachusetts Life Insurance Company, through J. I-I Smith and P. C. Watts, agents for the company. Manegold was examined by defendant’s physician, at Montgomery, and the application and report were…
1Opinion of the CourtMcCLELLAN, C. J.
It seems quite clear; to us that the witness Watts was not a “person having a pecuniary interest in the result of the suit” prosecuted by Mrs. Manegold against the Insurance Company. No possible judgment in that cause could subject his estate to liability'- or establish a status under which his estate could be subjected or any pecuniary right of his be affected ; nor, on the other hand, could any result possible of attainment in that suit involve pecuniary gain to him within either the letter or spirit of the statute. Code, § 1794. It may possibly be that if the Insurance Company had lost…
2Cases cited3 opinions
- Alabama Gold Life Insurance v. SledgeSupreme Court of Alabama · 1878
- Howle v. EdwardsSupreme Court of Alabama · 1892
- Cromwell v. HortonSupreme Court of Alabama · 1891
3Cited by10 opinions
- Oliver v. WilliamsSupreme Court of Alabama · 1909
- Johnson v. MatthewsAppellate Court of Illinois · 1939
- Hartford Accident & Indemnity Co. v. KuykendallSupreme Court of Alabama · 1971
- Kilgore v. KimbrellSupreme Court of Alabama · 1935
- Hardy v. KillingsworthSupreme Court of Alabama · 1911
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