Supreme Lodge Knights of Pythias v. Davis
Supreme Court of Arkansas
Insurance — warranty as to use oe liquors. — In a policy of life insurance executed in 1889, the assured made a warranty that he used intoxicating liquors occasionally but not daily, and upon applying for a change of beneficiary in 1907 represented that the former warranty was to be considered as repeated. Held, that the warranty referred to. the use of liquors at the time the policy was originally issued.
Read the full summary
Insurance — warranty as to use oe liquors. — In a policy of life insurance executed in 1889, the assured made a warranty that he used intoxicating liquors occasionally but not daily, and upon applying for a change of beneficiary in 1907 represented that the former warranty was to be considered as repeated. Held, that the warranty referred to. the use of liquors at the time the policy was originally issued. Appeal from Lee 'Circuit Court; Hance N. Hutton, Judge; The defendant was entitled to' a peremptory instruction. 35 Ark. 147; 57 Id. 461. Courts of law as well as of equity apply the…
1Opinion of the CourtBattle, J.
Mrs. Mary W. Davis, Pearl M. Robinson, and Anna B. Robinson brought an action against the Supreme Lodge of the Knights of Pythias in the Lee Circuit Court on a “benefit certificate issued by defendant to John C. Robinson on the 16th day of March, 1907, for the sum of $3,000, to be paid to the plaintiffs, the beneficiaries named, on certain conditions. They alleged that John C. Robinson died in July, 1907, that he was in good standing in his lodge at the time of his death, and had paid all the premiums on his policy that were due and payable prior to his death, and that the conditions upon…
2Cited by5 opinions
- Fidelity & Casualty Co. v. MeyerSupreme Court of Arkansas · 1912
- Eminent Household v. MatlockSupreme Court of Arkansas · 1920
- U.S. Fidelity, C., Co. v. FridrichNew Jersey Superior Court Appellate Division · 1938
- Second Nat. Bank of Houston v. SettegastCourt of Appeals of Texas · 1932
- Second Nat. Bank of Houston v. SettegastCourt of Appeals of Texas · 1932