Legal Opinion

Hilton v. Commonwealth

Court of Appeals of Kentucky

Decided December 11, 1907PublishedCited by 3 opinions

CASE 50. — -PENAL ACTION BY THE COMMONWEALTH AGAINST D. W. HILTON AND OTHERS. Appeal from Henderson Circuit Court. J.- W. Henson, Circuit Judge.

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CASE 50. — -PENAL ACTION BY THE COMMONWEALTH AGAINST D. W. HILTON AND OTHERS. Appeal from Henderson Circuit Court. J.- W. Henson, Circuit Judge. From the judgment defendant Hilton appeals We think we are entitled to a -reversal of this case for these reasons-, to-wit: 1. The court should have granted a peremptory instruction at the conclusion of plaintiff’s evidence, because the plaintiff had not made out a case against the defendant, D. W. Hilton. 2. After all the evidence was in we were entitled to a peremptory instruction. * 3. We were entitled to a peremptory instruction because the court…

1Opinion of the Court

Opinion op the CoujtT by

Judge Settle

Affirming.

The appellee, Commonwealth of Kentucky, by a penal action instituted-in the Henderson circuit court *489under section 656, Ky. St. 1903, sought to recover of the Michigan Mutual Life Insurance Company, D. W. Hilton, its agent for the State of Kentucky, and W. B. Ware, a broker or soliciting agent of the latter, a fine of $500, for their alleged wrongful act in rebating a premium due upon a policy of insurance of $10,000, issued by the insurance company in question to Charles T. W. Argue, of the city of Henderson, April 10, 1906, insuring his life to…

2Cases cited4 opinions

  1. Commonwealth v. ShermanCourt of Appeals of Kentucky · 1887
  2. Commonwealth v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1882
  3. Harp v. CommonwealthCourt of Appeals of Kentucky · 1901
  4. Equitable Life Assurance Society of U. S. v. CommonwealthCourt of Appeals of Kentucky · 1905

3Cited by3 opinions

  1. Chiles v. RobinsonCourt of Appeals of Kentucky (pre-1976) · 1928
  2. Pleasure Ridge Park Distillery v. CommonwealthCourt of Appeals of Kentucky · 1922
  3. Southeastern Gas Co. v. FergusonCourt of Appeals of Kentucky (pre-1976) · 1936

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