Satterfield v. Fidelity Mutual Life Insurance
Supreme Court of Alabama
Appeal from Bessemer Gity Court. Heard before Hon. William Jacks'on. Action by Ida Satterfield against the Fidelity Mutual Life Insurance Company, on a policy o.f insurance. Judgment for defendant and plaintiff appeals. The first plea seeks to set np another contract than, that plainly.expressed in the policy of insurance.
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Appeal from Bessemer Gity Court. Heard before Hon. William Jacks'on. Action by Ida Satterfield against the Fidelity Mutual Life Insurance Company, on a policy o.f insurance. Judgment for defendant and plaintiff appeals. The first plea seeks to set np another contract than, that plainly.expressed in the policy of insurance. This is specially prohibited in section 4579, Code 1907. — Mutual L. I. Co. v. Allen, 51 South. 879; Manhattan L. I. Co. v. Verneuill, 47 South 72; 116 la. 597. The court, therefore, erred in overruling demurrer to said plea, and this same argument applies with equal force…
1Opinion of the CourtSimpson, J.
This action is by the appellant against the appellee on an insurance policy on the life of plaintiff’s husband in her favor. The policy is in evidence, dated January 9, 1905, and it is admitted that Henry Satterfield (the insured) died on January 3, 1906. The defense set up is that the initial premium on said policy has never been paid, and that on that account the policy is null and void.
The evidence offered by the defendant is not controverted by any evidence offered by the plaintiff, to wit, that at the time of the delivery of the policy no money was paid, but the plaintiff executed and…
2Cases cited8 opinions
- Pitt v. Berkshire Life InsuranceMassachusetts Supreme Judicial Court · 1868
- McAllister v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Manhattan Life Insurance v. VerneuilleSupreme Court of Alabama · 1908
- Sewall v. HenrySupreme Court of Alabama · 1846
- Strong's Ex'rs v. BrewerSupreme Court of Alabama · 1850
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Mutual Life Ins. Co. of New York v. LovejoySupreme Court of Alabama · 1917
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Empire Life Insurance v. GeeSupreme Court of Alabama · 1911
- New York Life Ins. Co. v. McCarthyCourt of Appeals for the Fifth Circuit · 1927
- Montgomery Enterprises v. Empire Theater Co.Supreme Court of Alabama · 1920
21 more not listed; retrieve them via the Exa API.