Home Ben. Soc. of New York v. Muehl
Court of Appeals of Kentucky
Case 70 — Action on Life Insurance Policy APPEAL PROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. Judgment for Plaintiff and Defendants Appeal. POINTS AND AUTHORITIES. 1. The burden of proof was on appellee. Civil Code, see. 526; Kentucky Wagon Company v. City of Louisville, 97 Ky., 548. 2. Fraud can not be generally pleaded, but the facts must be set out so that the court can judge of their legal sufficiency.
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Case 70 — Action on Life Insurance Policy APPEAL PROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. Judgment for Plaintiff and Defendants Appeal. POINTS AND AUTHORITIES. 1. The burden of proof was on appellee. Civil Code, see. 526; Kentucky Wagon Company v. City of Louisville, 97 Ky., 548. 2. Fraud can not be generally pleaded, but the facts must be set out so that the court can judge of their legal sufficiency. Ryan v. Middlesborough Land Company (Ky.), 50 S. W. R., 13. S. A misrepresentation can not be predicated of an opinion or matter of judgment (except where the parties are so…
1Opinion of the Court
Opinion op the court by
JUDGE DuRELLE
Reversing.
Appellant company insured the life of Charles F. Muehl, son of appellee, for $2.000, by a policy dated July 24, 1893, appellee being the beneficiary named in the policy. He died in August, 1894. On- January 20, 1896, this suit was brought, seeking a reoo.very on the policy, but alleging a payment on account of the policy of $543.
The first question necessary to decide is as to the sufficiency of the plea to the jurisdiction. Appellant company, a foreign insurance company, was at the time of the issuance of the policy doing business in this State,…
2Cases cited4 opinions
- East Tennessee, Virginia & Georgia Railway Co. v. HayesSupreme Court of Georgia · 1889
- Louisville & Nashville R. R. v. McElroyCourt of Appeals of Kentucky · 1896
- Provident Sav. Life Assur. So. v. Puryear's Admr.Court of Appeals of Kentucky · 1900
- Vandervelden v. Chicago & N. W. Ry. Co.District Court, N.D. Iowa · 1894
3Cited by20 opinions
- Mutual Reserve Fund Life Assn. v. PhelpsSupreme Court of the United States · 1903
- Germania Insurance v. AshbyCourt of Appeals of Kentucky · 1901
- Groel v. United Electric Co.New Jersey Court of Chancery · 1905
- Preferred Risk Fire Ins. Co. v. NeetCourt of Appeals of Kentucky (pre-1976) · 1935
- Western & Southern Life Ins. v. QuinnCourt of Appeals of Kentucky · 1908
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