National Annuity Ass'n v. McCall
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; R. E. Jeffery, Judge; 1. The compromise and settlement, and release executed by appellee, is a bar to this action. 75 Ark. 354; 62 Ark. 342; 43 Conn. 455. If appellee’s complaint is sufficient to state a case of fraud, which is not conceded, the testimony fails to meet the burden imposed upon her to prove the allegations of fraud, or to overcome the rule that fraud will not be presumed. 77 Ark. 351; 92 Ark. 509; Id. 378;…
Read the full summary
Appeal from Lawrence Circuit Court, Eastern District; R. E. Jeffery, Judge; 1. The compromise and settlement, and release executed by appellee, is a bar to this action. 75 Ark. 354; 62 Ark. 342; 43 Conn. 455. If appellee’s complaint is sufficient to state a case of fraud, which is not conceded, the testimony fails to meet the burden imposed upon her to prove the allegations of fraud, or to overcome the rule that fraud will not be presumed. 77 Ark. 351; 92 Ark. 509; Id. 378; 5 Ark. 345; 18 Ark. 123; 20 Cyc. 108 (J); Id. 32 (5); 16 Cyc. 937; 32 Ark. 338; 130 Wis. 485; 128 S. W. (Ark.) 859. 2.…
1Opinion of the CourtFrauenthal, J.
This is an action brought by appellee to recover upon a certificate of insurance issued by appellant upon the life of her husband. In the complaint it is alleged that appellant is a fraternal benefit association, and had issued the certificate on February 26, 1909, by which it promised to pay to her as-beneficiary the sum of $1,500 on the death of her husband, and that her husband had died on February 22, 1910, a member in good standing of said association. It was further alleged that a short time after her husband’s death the appellant by false and fraudulent representations induced her to…
2Cases cited14 opinions
- Mutual Life Insurance v. WilerIndiana Supreme Court · 1885
- Providence Life Assurance Society v. ReutlingerSupreme Court of Arkansas · 1894
- Grand Rapids & Indiana R. R. v. MartinMichigan Supreme Court · 1879
- Foley v. . Royal ArcanumNew York Court of Appeals · 1896
- Missouri & North Arkansas Railroad v. DanielsSupreme Court of Arkansas · 1911
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Mutual Life Insurance v. OwenSupreme Court of Arkansas · 1914
- Maryland Casualty Co. v. MaloneySupreme Court of Arkansas · 1915
- Sovereign Camp, Woodmen of the World v. FarmerMississippi Supreme Court · 1917
- American Republic Life Ins. Co. v. EdenfieldSupreme Court of Arkansas · 1957
- Friesen v. ReimerNebraska Supreme Court · 1933
14 more not listed; retrieve them via the Exa API.