Watkins v. Home Life & Accident Insurance
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT OF FACTS. This was a bill of interpleader filed in the chancery court by the Home Life & Accident Insurance Company in which it stated that there were rival claimants to the proceeds of a policy of insurance, and that it did not know to which of them it should make payment.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT OF FACTS. This was a bill of interpleader filed in the chancery court by the Home Life & Accident Insurance Company in which it stated that there were rival claimants to the proceeds of a policy of insurance, and that it did not know to which of them it should make payment. It offered to pay the proceeds of the policy into the registry of the court, and asked that the claimants be made parties to the suit to the end that their contest might be settled. Each claimant filed an answer claiming the proceeds of the…
1Opinion of the Court
HART, J.,
(after stating the facts). The evidence shows that W. R. Fischer and J. E. Fischer were riding together in a buggy late in the evening on the i8th day of January, 1918, and were shot from ambush and instantly killed. Their bodies were found the next morning lying in-the frozen ground and numerous charges of buckshot appeared to have been fired into their bodies. There is nothing whatever in the proof to indicate which one died first. It is well settled at common law that when two or more persons perish in the same disaster and there is no fact or circumstance tending to prove which…
2Cases cited4 opinions
- Young Women's Christian Home v. FrenchSupreme Court of the United States · 1903
- Franklin Life Insurance v. GalliganSupreme Court of Arkansas · 1903
- Sovereign Camp Woodmen of the World v. IsraelSupreme Court of Arkansas · 1915
- Males v. Sovereign Camp Woodmen of the WorldCourt of Appeals of Texas · 1902
3Cited by12 opinions
- Colovos' Adm'r v. GouvasCourt of Appeals of Kentucky (pre-1976) · 1937
- Fleming v. GrimesMississippi Supreme Court · 1926
- McKinney v. DepoyIndiana Supreme Court · 1938
- Belt v. BaserSupreme Court of Arkansas · 1964
- Dinwiddle v. Metropolitan Life Insurance CompanySupreme Court of Arkansas · 1942
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