Powell v. Prudential Insurance Co. of America
Supreme Court of Alabama
Appeal from Wilcox Circuit Court. Heard before Hou. Henry F. Reese, Special Judge. Action by J. T. Powell, as administrator of the estate of C. D. Powell, deceased, against the Prudential Insurance Company of America. From a judgment in favor of defendant, plaintiff appeals. The court erred in failing to strike defendant’s pleas. — 111 Ala. 579; 2 Brick.
Read the full summary
Appeal from Wilcox Circuit Court. Heard before Hou. Henry F. Reese, Special Judge. Action by J. T. Powell, as administrator of the estate of C. D. Powell, deceased, against the Prudential Insurance Company of America. From a judgment in favor of defendant, plaintiff appeals. The court erred in failing to strike defendant’s pleas. — 111 Ala. 579; 2 Brick. Dig. 333. The court erred in overruling appellant’s demurrers to pleas 3, 4, 5, 6, 9 and 11. — Sec. 2602, Code 1896. The court erred in sustaining demurrers to replications to those pleas. — 128 Ala. 460; 137 Ala. 194; 42 L. R. A. 88; 1 Joyce…
1Opinion of the CourtHaralson, J.
— On June 22, 1904, Claude D. Powell applied to the defendant company for insurance on his life for $1,000. In his application for insurance, he stated: “I am in good health, * * * and all the statements and answers to the above questions are complete and true, and that the foregoing, together with this declaration, shall constitute the application, and become a part of the contract for insurance hereby applied for. And it is agreed that the policy herein applied for shall be accepted subject to the privileges and provisions therein contained, and said policy shall not take effect until the…
2Cases cited7 opinions
- Russell v. Prudential Insurance of AmericaNew York Court of Appeals · 1903
- Cable v. United States Life Ins. Co. of New YorkCourt of Appeals for the Seventh Circuit · 1901
- Ormond v. . the Insurance Co.Supreme Court of North Carolina · 1887
- Imperial Life Insurance v. GlassSupreme Court of Alabama · 1893
- Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Life Ins. Co. of Virginia v. NewellSupreme Court of Alabama · 1931
- Bankers' Credit Life Ins. Co. v. AyresSupreme Court of Alabama · 1931
- New York Life Ins. Co. v. McJunkinSupreme Court of Alabama · 1933
- North Carolina Mut. Life Ins. Co. v. KerlySupreme Court of Alabama · 1926
18 more not listed; retrieve them via the Exa API.