Missouri State Life Insurance v. Burton
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court; T. G. Trimble, Judge; 1. The policy was never accepted and delivered during lifetime and good health, and no insurance'ever became effective. 66 Ark. 612; 111 Icl. 173; Id. 324; 73 Id. 117; 82 N. W. 966; 77 Ark. 117; 122 Ark. 124; 162 S. W. 779; 144 N. W. 543; 179 S. W. 749; 125 Ark. .115; 144 S. W. 362; 73 N. E. 842. The court erred in its instructions. 1. The policy was issued and delivered.
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Appeal from Faulkner Circuit Court; T. G. Trimble, Judge; 1. The policy was never accepted and delivered during lifetime and good health, and no insurance'ever became effective. 66 Ark. 612; 111 Icl. 173; Id. 324; 73 Id. 117; 82 N. W. 966; 77 Ark. 117; 122 Ark. 124; 162 S. W. 779; 144 N. W. 543; 179 S. W. 749; 125 Ark. .115; 144 S. W. 362; 73 N. E. 842. The court erred in its instructions. 1. The policy was issued and delivered. Ill Ark. 1.73, 324; 66 Id. 612. None of the cases cited by appellant are in point. 22 S. W. 87; 1 Joyce on Ins., § 62; 16 Am. & Eng. Enc. 855; May on Ins., p. 71; 65…
1Opinion of the CourtMcCulloch, C. J.
This is a suit on a policy of insurance alleged to have been issued by defendant' company on the life of plaintiff’s intestate, Colia Diffee. Plaintiff recovered judgment for the amount sued for in the trial of the cause below before a jury, and defendant has ap-pealed.
The facts deemed to be material in the disposition of the case here are undisputed. Diffee was a farmer residing in Faulkner County near the village of El Paso, and on June 6, 1914, applied to defendant’s soliciting agent for a policy of insurance on his life in the sum of $2,500, payable to his estate at his death. The…
2Cases cited3 opinions
- Peebles v. Eminent Household of Columbian WoodmenSupreme Court of Arkansas · 1914
- National Life Ass'n v. SpeerSupreme Court of Arkansas · 1914
- Dupriest v. American Central Life InsuranceSupreme Court of Arkansas · 1911
3Cited by5 opinions
- Morford v. California Western States Life InsuranceOregon Supreme Court · 1941
- New York Life Ins. v. RutherfordCourt of Appeals for the Ninth Circuit · 1922
- New York Life Insurance v. MasonSupreme Court of Arkansas · 1921
- Kansas City Life Insurance v. RidoutSupreme Court of Arkansas · 1921
- Home Life & Accident Co. v. ComptonSupreme Court of Arkansas · 1920