Meridian L. Ins. v. Dean
Supreme Court of Alabama
Appeal from Conecuh. Circuit Court. Heard before Hon. A. E. Gamble. Action by Francis J. Dean on a life insurance policy against the Meridian Life Insurance Company. Judgment for plaintiff and defendant appeals. The court erred in sustaining plaintiff’s demurrers to pleas 1, 3, 4, 5, 6 and 7, each of which set up the illegality of the policy as being opposed to the statute prohibiting rebating or discrimination.- — 20 Ene.
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Appeal from Conecuh. Circuit Court. Heard before Hon. A. E. Gamble. Action by Francis J. Dean on a life insurance policy against the Meridian Life Insurance Company. Judgment for plaintiff and defendant appeals. The court erred in sustaining plaintiff’s demurrers to pleas 1, 3, 4, 5, 6 and 7, each of which set up the illegality of the policy as being opposed to the statute prohibiting rebating or discrimination.- — 20 Ene. P. & P. 595; Woods v. Armstrong, 54 Ala. 150; Jemison v. B. <& A. Ry. Go., 125 Ala. 378; Shippey v. Eastwood, 9 Ala. 200; McGehee v. Lindsey, 6 Ala. 16; O’Donnell v.…
1Opinion of the CourtMayfield, J.
This is an action on a life insurance policy for |2,500.
*129The complaint is in Code form. The defendant interposed seven special pleas, to which demurrers were interposed and sustained. The defendant then declined to plead further and suffered judgment. From that judgment, he appeals, and assigns as error the ruling sustaining the demurrer.
Pleas 1, 3, 4, 5, 6, and 7 each attempted to set up, in varying form, the defense that the policy or contract sued on is illegal and void, because in violation of an act of the Legislature of this state (Acts 1909, p. Ill), in that 80 per centum of the first…
2Cases cited10 opinions
- National Bank v. WhitneySupreme Court of the United States · 1881
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Schuyler National Bank v. GadsdenSupreme Court of the United States · 1903
- Empire Life Insurance v. GeeSupreme Court of Alabama · 1911
- Manhattan Life Insurance v. VerneuilleSupreme Court of Alabama · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Doss v. StateSupreme Court of Alabama · 1929
- Allen v. Standard Ins.Supreme Court of Alabama · 1916
- Depner v. Joseph Zukin BlousesCalifornia Court of Appeal · 1936
- Sales-Davis Co. v. Henderson-Boyd Lumber Co.Supreme Court of Alabama · 1915
- Storrs v. Belmont Gold Mining & Milling Co.California Court of Appeal · 1938
11 more not listed; retrieve them via the Exa API.