Hart v. Life Ass'n
Supreme Court of Alabama
Appeal from Barbour Chancery Court. Heard before Hon. B. B. MoGraW. Tbis is an appeal from a decree of tbe chancery court dismissing a bill filed by appellants against tbe appellee, tbe Life Association of the South, for want of equity, and dissolving an injunction, restraining it from coercing satisfaction of execution on a judgment it had obtained against Hart, one of the appellants.
Read the full summary
Appeal from Barbour Chancery Court. Heard before Hon. B. B. MoGraW. Tbis is an appeal from a decree of tbe chancery court dismissing a bill filed by appellants against tbe appellee, tbe Life Association of the South, for want of equity, and dissolving an injunction, restraining it from coercing satisfaction of execution on a judgment it had obtained against Hart, one of the appellants. The case made by the bill was, in substance, as follows : The Life Association of the South was an Alabama corporation, formed for the purpose of carrying on the business of life assurance. Its agents called on…
1Opinion of the Court
BBICKELL, O. J.
The gravamen of the bill is, that the certificate of deposit was not founded on an actual deposit of money by the appellee with the appellant, Hart; that it was evidence only of the fact that premiums on life policies issued by the appellee to the appellants, severally, were in the hands of a local board of trustees established by the appellee at Eufaula, to be by them loaned or invested. The appellants were induced to take these policies on representations made by the appellee through its agents; that these premiums should not be withdrawn from the control of this local board;…
2Cases cited5 opinions
- McKee v. Phœnix InsuranceSupreme Court of Missouri · 1859
- Corbin v. SistrunkSupreme Court of Alabama · 1851
- Litchfield v. FalconerSupreme Court of Alabama · 1841
- Newton v. JacksonSupreme Court of Alabama · 1853
- Nicholas v. KrebsSupreme Court of Alabama · 1847
3Cited by3 opinions
- Ragsdale v. GreshamSupreme Court of Alabama · 1904
- Knox v. Rivers Bros.Supreme Court of Alabama · 1923
- Long v. StrausIndiana Supreme Court · 1886