Mutual Reserve Fund Life Ass'n v. Ogletree
Mississippi Supreme Court
Feom the chancery court of Kemper county. HoN. Abam M. Byrd, Chancellor. Amelia J. Ogletree, appellee, was the complainant in the court below; the Mutual Reserve Life Association, the appellant, and one Rosenbaum were defendants there. The bill averred that Benjamin IT.
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Feom the chancery court of Kemper county. HoN. Abam M. Byrd, Chancellor. Amelia J. Ogletree, appellee, was the complainant in the court below; the Mutual Reserve Life Association, the appellant, and one Rosenbaum were defendants there. The bill averred that Benjamin IT. Ogletree, complainant’s husband, insured his life in the appellant company for her benefit; that he died after the issuance of the policy, and that proofs of his death had been made to appellant; that the policy was in the possession of the defendant, Rosenbaum, to whom it whs as; signed by complainant in order to secure: a…
1Opinion of the Court
Woods, O. T.,
delivered the opinion of the court.
If the evidence of William Ogletree was competent and credible, the decree of the court below must be affirmed. That it was competent is well settled by the adjudications of this court. We refer to one only. In the case of Planters’ Insurance Co. v. Myers, 55 Miss., 479, the court said: “We adopt the doctrine of those cases which hold that, if the agent takes charge of the preparation of the application, or suggests or advises what shall be answered, or what will be a sufficient ansiver, the company shall not avoid the policy because they arc…
2Cases cited2 opinions
- Planters' Insurance v. MyersMississippi Supreme Court · 1877
- Co-operative Life Ass'n v. LefloreMississippi Supreme Court · 1876
3Cited by8 opinions
- Home Ins. Co. of N.Y. v. ThornhillMississippi Supreme Court · 1932
- Modern Woodmen of America v. MilesIndiana Supreme Court · 1912
- Sargent v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1910
- Fraternal Aid Union v. WhiteheadMississippi Supreme Court · 1921
- Pacific Mut. Life Ins. v. CunninghamDistrict Court, S.D. Florida · 1932
3 more not listed; retrieve them via the Exa API.