Providence Saving Life Insurance Society v. Pruett
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by Oscar J. Pruett against tbe Provident Saving Life Insurance Company. Judgment for plaintiff. Defendant appeals. Tbe history of tbe case is sufficiently stated in tbe opinion of the court.
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by Oscar J. Pruett against tbe Provident Saving Life Insurance Company. Judgment for plaintiff. Defendant appeals. Tbe history of tbe case is sufficiently stated in tbe opinion of the court. Pleas 52, 53, 54, and 55, as originally filed, are as follows: “(52) Tbe policy sued on was issued by defendant on tbe written application of the assured, in which be represented that be bad never had any disease of tbe liver, which statement was fraudulent, in this: that, the assured had had malarial fever and enlarged liver in, to…
1Opinion of the CourtDowdell, J.
— This is the second appeal in this case. —Providence Savings Life Assur. Soc. v. Pruett, 141 Ala. 688, 37 South. 700. Rulings of the lower court on the pleadings were then considered, wherein it was adjudged that certain pleas were subject to the demurrers interposed. Upon the trial, after affirmance of the judgment on the pleadings on the former appeal, the defendant withdrew all pleas theretofore filed, and then by leave of the court filed pleas numbered from 1 to 64, inclusive, which were demurred to by the plaintiff, except plea No. 1, being the general issue.
Pleas Nos. 4, 7, and 9 are…
2Cases cited2 opinions
- Providence Savings Life Assurance Society v. PruettSupreme Court of Alabama · 1904
- Jackson v. StateSupreme Court of Alabama · 1904
3Cited by11 opinions
- Baker v. StateSupreme Court of Alabama · 1923
- Doss v. Wadsworth Red Ash Coal Co.Supreme Court of Alabama · 1914
- Hunt v. Preferred Accident Ins.Supreme Court of Alabama · 1911
- Fraser v. State Ex Rel. BiggsSupreme Court of Alabama · 1927
- American Nat. Ins. Co. v. WalstromSupreme Court of Alabama · 1933
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