St. Louis Mutual Life Ins. v. Kennedy
Court of Appeals of Kentucky
Case 43 — PETITION EQUITY — CITED 13 Louisiana Rep. 539, Berthoud v. Atlantic Marine Ins. Co. 9 Peters, 639, Owings v. Hull. CITED 3Parsons on Contracts, 486-7. Parsons’s Mercantile Law, 543, 381. 9 Howard, 390, Taylor v. Merchants Fire 3hs. Co. 5 Indiana, 96, Jenks v. Kentucky Mutual Ins.
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Case 43 — PETITION EQUITY — CITED 13 Louisiana Rep. 539, Berthoud v. Atlantic Marine Ins. Co. 9 Peters, 639, Owings v. Hull. CITED 3Parsons on Contracts, 486-7. Parsons’s Mercantile Law, 543, 381. 9 Howard, 390, Taylor v. Merchants Fire 3hs. Co. 5 Indiana, 96, Jenks v. Kentucky Mutual Ins. Co. Angelí on Insurance, secs. 343, 343, 349, 343, 37, 49, 34. 1 Phillips on Insurance, secs. 135, 33, 33, 34, 315, 514, 515. 3 Phillips on Insurance, secs. 3111, 1849, 1993. 1 Greenleaf, secs. 375, 378, 379. 1 Story’s Equity, sec. 733. Adams’s Equity, 77-91. 4 Sandford’s Ch’y Rep. 408, Carpenter v. Mutual…
1Opinion of the CourtChief Justice Williams
S. W. Kennedy, tbe husband of appellee Sarah and the father of the other appellees, applied for an insurance on his life for five thousand dollars for his wife and children’s benefit, April 15, 1867.
The written application contains this covenant: “I further agree that the assurance proposed shall not be binding on said company until the amount of premium, as *453stated therein shall be received by said company, or an accredited agent thereof, in the life-time and good health of said S. W. Kennedy.” The policy contains this stipulation: “Not binding on the company until countersigned by S. K.…
2Cited by8 opinions
- Heiman v. Phœnix Mutual Life InsuranceSupreme Court of Minnesota · 1871
- Paine v. Pacific Mut. Life Ins.Court of Appeals for the Eighth Circuit · 1892
- Mississippi Valley Life Ins. v. NeylandCourt of Appeals of Kentucky · 1872
- Royal Ins. Co. v. EgglestonAlabama Court of Appeals · 1924
- Neff v. Metropolitan Life InsuranceIndiana Court of Appeals · 1905
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