Mutual Life Insurance v. Parrish
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. STATEMENT BY THE COURT. The plaintiff sued on a policy for $2,000 upon the life of his deceased wife, bearing date July 24, 1896, alleging that she died October 12, 1896. The policy is exhibited with the complaint, and recites that it is issued “in consideration of the application for this policy, which is hereby made a part of this contract.”
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Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. STATEMENT BY THE COURT. The plaintiff sued on a policy for $2,000 upon the life of his deceased wife, bearing date July 24, 1896, alleging that she died October 12, 1896. The policy is exhibited with the complaint, and recites that it is issued “in consideration of the application for this policy, which is hereby made a part of this contract.” The answer set up that the application provided that the contract should not take effect until the first premium on the policy should have been paid during the continuance in good health of the…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) A majority of the iudges of this court are of the oninion that there is error in me judgment oi me circuit court m rernsmg to grant a new trial upon the ground and for the reason set forth in the fourth ground of the motion, for which .error the judgment should be reversed, and this cause remanded for a new trial.
The motion and affidavits appended speak for themselves, and eertainly seem to show that the motion should have been granted, in order that the cause might be tried and determined upon all the facts of the case, and that there might not be a…
2Cases cited2 opinions
- Nickens v. StateSupreme Court of Arkansas · 1892
- Overton v. StateSupreme Court of Arkansas · 1892
3Cited by14 opinions
- Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
- Jenkins v. International Life InsuranceSupreme Court of Arkansas · 1921
- Person v. Ætna Life Ins.Court of Appeals for the Eighth Circuit · 1929
- Plumlee v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1898
- Washington Fidelity National Insurance v. AndersonSupreme Court of Arkansas · 1933
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