Supreme Forest Woodmen Circle v. Knight
Alabama Court of Appeals
Appeal from Bessemer City Court. Heard before Hon. J.C. B. Gwin. Action by Mark E. Knight against the Supreme Forest Woodmen Circle on an insurance policy on the life of William L. Knight, in which plaintiff was named' as beneficiary. Judgment for plaintiff and defendant appeals.
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Appeal from Bessemer City Court. Heard before Hon. J.C. B. Gwin. Action by Mark E. Knight against the Supreme Forest Woodmen Circle on an insurance policy on the life of William L. Knight, in which plaintiff was named' as beneficiary. Judgment for plaintiff and defendant appeals. The court erred in refusing to admit in evidence the written application of the deceased for the insurance. 1st, because issue was joined on the special plea which this application tended to prove, and whether the pleas were material or immaterial, proof was competent in support thereof. — L. eg N. v. Brinkerhoff,…
1Opinion of the Court
WALKER, P. J. —
Unless a defendant to a suit on a contract of insurance is shown to he within one of the exceptions stated in section 4562 of the Code, evidence offered by it of an agreement as to the contract which is shown only by an application or other instrument separate and apart from the policy is not admissible, as the admission of such evidence plainly would contravene the provision of section 4579 of the Code that “no life, nor any other insurance company, nor any agent thereof, shall make any contract of insurance, or agreement as to the policy contract, other than is plainly…
2Cases cited4 opinions
- Manhattan Life Insurance v. VerneuilleSupreme Court of Alabama · 1908
- Burdine v. Grand Lodge of AlabamaSupreme Court of Alabama · 1861
- National Union v. MarlowCourt of Appeals for the Eighth Circuit · 1896
- Hunt v. Preferred Accident Ins.Supreme Court of Alabama · 1911
3Cited by3 opinions
- North Carolina Mut. Life Ins. Co. v. MartinSupreme Court of Alabama · 1931
- Eminent Household of Columbian Woodmen v. BlackerbySupreme Court of Alabama · 1918
- Eminent Household of Columbian Woodmen v. BlackerbySupreme Court of Alabama · 1918