Manhattan Life Insurance v. Hereford
Supreme Court of Alabama
Action on Insurmce Policy. Appeal from Madison Law and Equity Court. Heard before Hon. Tancred Betts. Action by Alice Hereford against the Manhattan Life Insurance Company on an insurance policy. Judgment for plaintiff, and defendant appeals. We submit that under the facts in this case there was never any contract of insurance. — Powell v. Prudential Insurmce Go., 153 Ala. 611; Whiting 'v. Mass. Ins. Go., 189 Mass. 317; Russell v. Prudential Ins.
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Action on Insurmce Policy. Appeal from Madison Law and Equity Court. Heard before Hon. Tancred Betts. Action by Alice Hereford against the Manhattan Life Insurance Company on an insurance policy. Judgment for plaintiff, and defendant appeals. We submit that under the facts in this case there was never any contract of insurance. — Powell v. Prudential Insurmce Go., 153 Ala. 611; Whiting 'v. Mass. Ins. Go., 189 Mass. 317; Russell v. Prudential Ins. Go., 176 New York, 178; Piedmont Ins. Go. v. Ewing, 92 U. S. 377; Giddmgs v. Insurance Go-., 102 U. S. 108. There was no mutuality in the contract.…
1Opinion of the CourtSimpson, J.
This action is by the appellee against the appellant, on a life insurance policy on the life of plaintiff’s husband, in her favor.
There is no controversy about the facts that the local agent of said insurance company took the application, took a negotiable promissory note payable to himself individually, which he subsequently negotiated, for the initial premium, and sent to the general agents — and they to the company — the amount of said initial premium, less his commissions, which was duly placed to his credit, and that the policy was issued and delivered. Neither the general agents nor the…
2Cases cited9 opinions
- Piedmont, Etc. Life-Ins. Co. v. Ewing, Etc.Supreme Court of the United States · 1876
- Crumlish's Adm'r v. Cent. Imp. Co.West Virginia Supreme Court · 1893
- Giddings v. Insurance Co.Supreme Court of the United States · 1880
- Life Insurance v. HairstonSupreme Court of Virginia · 1908
- Powell v. Prudential Insurance Co. of AmericaSupreme Court of Alabama · 1907
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3Cited by4 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Lamar v. LoweryAlabama Court of Appeals · 1960
- Lincoln Reserve Life Ins. Co. v. FowlerSupreme Court of Alabama · 1930
- Lincoln Reserve Life Ins. Co. v. FowlerSupreme Court of Alabama · 1930