Mutual Life Insurance v. Thomson
Court of Appeals of Kentucky
Case 39 — PETITION ORDINARY — 1. Upon the issue made as to whether or not there had been any delivery of the policy and completion of the contract of insurance, the burden of proof was upon the plaintiffs, and it was error to assume in favor of the plaintiffs all the facts in issue upon this branch of the case, and then instructing them peremptorily as to the effect of those facts. 2. The testimony establishes the falsity of Rodes Thomson’s statement, that at the time of his…
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Case 39 — PETITION ORDINARY — 1. Upon the issue made as to whether or not there had been any delivery of the policy and completion of the contract of insurance, the burden of proof was upon the plaintiffs, and it was error to assume in favor of the plaintiffs all the facts in issue upon this branch of the case, and then instructing them peremptorily as to the effect of those facts. 2. The testimony establishes the falsity of Rodes Thomson’s statement, that at the time of his application he was not addicted to the habitual use of liquor, that his use of same was temperate, that his former…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
Margaret Thomson, widow, and Rodes, C. H. and C. E. Thomson, infant children of • Rodes Thomson,, now deceased, brought this action to recover of the *256Mutual Life Insurance Company of New York ten thousand dollars, which, by a policy on the life of the deceased, issued November 15, 1887, the defendant promised to pay the plaintiffs. And this is an appeal from a judgment for the amount sued for.
The two main grounds of defense to the action now urged by counsel are : First, that the policy had never been, in fact, delivered prior to death of the…
2Cited by24 opinions
- New York Life Insurance v. BabcockSupreme Court of Georgia · 1898
- Provident Savings Life Assur. So. v. Whayne's Admr.Court of Appeals of Kentucky · 1906
- Louisville & Nashville Railroad v. Jolly's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1930
- Niagara Fire Insurance v. LayneCourt of Appeals of Kentucky · 1915
- Provident Savings Life Assurance Co. v. DeesCourt of Appeals of Kentucky · 1905
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