Beard v. Sharp
Court of Appeals of Kentucky
Case 85 — PETITION EQUITY APPEAL FROM FAYETTE CIRCUIT COURT. 1. On the question that maxim "in pari delicto,” etc., does not apply Cammack v. Lewis, 15 Wall., 643 (82 U. S., 244); Warnock v. Davis, 14 Otto, 775 (104 U. S., 924) ; Basye v. Adams, 81 Ky., 368 (cites above cases with approval); Martin v. Richardson, 94 Ky., 183.) 2. The following cases relied on by appellee are cited and their want of application to case at bar is discussed.
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Case 85 — PETITION EQUITY APPEAL FROM FAYETTE CIRCUIT COURT. 1. On the question that maxim "in pari delicto,” etc., does not apply Cammack v. Lewis, 15 Wall., 643 (82 U. S., 244); Warnock v. Davis, 14 Otto, 775 (104 U. S., 924) ; Basye v. Adams, 81 Ky., 368 (cites above cases with approval); Martin v. Richardson, 94 Ky., 183.) 2. The following cases relied on by appellee are cited and their want of application to case at bar is discussed. (Ford’s Ex’or v. Lewis, 10 B. M., 127; Laughlin v. Dean, 1 Duv., 20; Creekmore v. Chitwood, 7 Bush, 318; Ratcliff v. Smith, 13 Bush, 173.) 3. Appellee Sharp…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion oe the court.
The plaintiff Beard alleged that in 1881, he procured his mother, Julia Beard, to apply to the Supreme Commandery of the United Order of the Golden Cross for insurance upon her life for his sole benefit; that on the 8th day of February, 1881, there was issued upon said application a benefit certificate upon the life of said Julia Beard, payable upon her- death to the plaintiff out of the benefit fund of said association, alleging further that the United Order of the Golden Cross was a regularly incorporated insurance company under the laws of the…
2Cases cited3 opinions
- Martin v. RichardsonCourt of Appeals of Kentucky · 1893
- Caudell v. WoodwardCourt of Appeals of Kentucky · 1895
- Weigelman v. BrongerCourt of Appeals of Kentucky · 1894
3Cited by12 opinions
- Hess' Admr. v. SegenfelterCourt of Appeals of Kentucky · 1907
- Manhattan Life Ins. Co. v. CohenCourt of Appeals of Texas · 1911
- McRae v. WarmackSupreme Court of Arkansas · 1911
- New York Life Ins. v. Brown's AdmrCourt of Appeals of Kentucky · 1902
- Landrum v. Landrum's Admx.Court of Appeals of Kentucky · 1920
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