Cotton v. Mutual Aid Union
Supreme Court of Arkansas
Appeal from Séárcy Circuit Court; John I. Worthington, Judge; 1. The only defense was that the beneficiary had no insurable interest in the life of the insured. This is a negative pregnant and denied nothing but indirectly alleges that appellant did have an interest in the life of Frank Cotton. 53 Ind. 380. It pleaded merely a conclusion of law without stating the facts. Cooley’s Briefs on Insurance, 324. 2. It was not a wagering contract.
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Appeal from Séárcy Circuit Court; John I. Worthington, Judge; 1. The only defense was that the beneficiary had no insurable interest in the life of the insured. This is a negative pregnant and denied nothing but indirectly alleges that appellant did have an interest in the life of Frank Cotton. 53 Ind. 380. It pleaded merely a conclusion of law without stating the facts. Cooley’s Briefs on Insurance, 324. 2. It was not a wagering contract. Cooley, Briefs on Ins. 325; 28 S. E. 200. . The lack of insurable interest must be raised by answer. 18 Pac. 537; 25 N. W. 620; 66 Id. 847; 12 La. Ann. 35.…
1Opinion of the CourtHumphreys, J.
Appellant brought suit against appellee in the Searcy Circuit-Court to recover $79.44 on a life insurance policy issued by appellee on the 1st day of April, 1916, on the life of Frank Cotton, in which policy appellant was made the beneficiary. The policy provided that upon the death of Frank Cotton appellee would, “within thirty days after the receipt, at the home office at Rogers, Arkansas, of satisfactory proof of the death of said applicant, pay Phelps Cotton, whose address is Leslie, Arkansas, if living, if not, then to the guardian, executor or administrator of said applicant, to be held…
2Cases cited7 opinions
- Cribbs v. WalkerSupreme Court of Arkansas · 1905
- McRae v. WarmackSupreme Court of Arkansas · 1911
- Langford v. National Life & Accident InsuranceSupreme Court of Arkansas · 1915
- Pembroke v. LoganSupreme Court of Arkansas · 1903
- Security Mutual Life Insurance v. LittleSupreme Court of Arkansas · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Home Life Ins. Co. of N.Y. v. MastersonSupreme Court of Arkansas · 1929
- National Life & Accident Ins. v. BallMississippi Supreme Court · 1930
- Home Mutual Benefit Ass'n v. KellerSupreme Court of Arkansas · 1921
- Kennedy v. Johnson Lumber Co.Louisiana Court of Appeal · 1947
- American Insurance Union v. ManesSupreme Court of Arkansas · 1921
1 more not listed; retrieve them via the Exa API.