Hilton v. Commonwealth
Court of Appeals of Kentucky
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
- Commonwealth v. ShermanCourt of Appeals of Kentucky · 1887
- Commonwealth v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1882
- Harp v. CommonwealthCourt of Appeals of Kentucky · 1901
- Equitable Life Assurance Society of U. S. v. CommonwealthCourt of Appeals of Kentucky · 1905
3Cited by3 opinions
- Chiles v. RobinsonCourt of Appeals of Kentucky (pre-1976) · 1928
- Pleasure Ridge Park Distillery v. CommonwealthCourt of Appeals of Kentucky · 1922
- Southeastern Gas Co. v. FergusonCourt of Appeals of Kentucky (pre-1976) · 1936