Southern Mutual Life Insurance v. Montague
Court of Appeals of Kentucky
Case 84 — PETITION EQUITY APPEAL EROM TAYLOR CIRCUIT COURT. 1. If the oral representations and promises alleged to have been set out in the printed pamphlet can be tortured into an undertaking to issue a paid-up policy, it was a contract not possible to be performed within a year, not signed by the party to be charged, and, therefore, within the statute of frauds. 2. If the alleged representations deceived the assured into the acceptance of the policy, he might have…
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Case 84 — PETITION EQUITY APPEAL EROM TAYLOR CIRCUIT COURT. 1. If the oral representations and promises alleged to have been set out in the printed pamphlet can be tortured into an undertaking to issue a paid-up policy, it was a contract not possible to be performed within a year, not signed by the party to be charged, and, therefore, within the statute of frauds. 2. If the alleged representations deceived the assured into the acceptance of the policy, he might have rescinded the contract, but there can be no specific execution, in the absence of averment that the contract as made entitled…
1Opinion of the CourtChief Justice Pryor
In tlie month of December, in the year 1866, the Southern Mutual Life Insurance Company issued its *656policy of insurance for $2,000 on the life o£ R. S. Montague. The annual premium was $70, and was paid from year to year until the year 1875, when a balance was left unpaid, for which Montague executed his note, due in eleven months from the 7th of December, 1875, with eight per cent, interest until paid.
On the 24th of October, 1871, the company issued another policy for $2,000 on the life of Montague, the annual premium being $86.26, and payable to his wife. The first policy was No. 127 and the…
2Cases cited2 opinions
- Montgomery v. Phoenix Mutual Life InsuranceCourt of Appeals of Kentucky · 1878
- St. Louis Mutual Life Insurance v. GrigsbyCourt of Appeals of Kentucky · 1874
3Cited by15 opinions
- Forman v. Mutual Life InsuranceCourt of Appeals of Kentucky · 1917
- Manhattan Life Ins. v. PattersonCourt of Appeals of Kentucky · 1901
- Mutual Life Insurance v. JarboeCourt of Appeals of Kentucky · 1897
- SEG Employees Credit Union v. ScottCourt of Appeals of Kentucky · 1977
- Turley v. John Hancock Mut. L. Ins.Superior Court of Pennsylvania · 1933
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