Prudential Insurance v. Williams
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. There was a misjoinder of parties plaintiff. The policy of insurance was an instrument for the payment of money, and was assignable, on which the assignee should sue alone. 98 Ark. 340; 37 Id. 556; 47 Id. 541; Kirby’s Dig., § § 509-600. The demurrer and motion to strike was the proper practice to reach the error. 19 Ark. 602; 21 Id. 186; 25 Id. 327; 33 Id. 497-501; 93 Id. 215. 2. The rule is that where error is…
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Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. There was a misjoinder of parties plaintiff. The policy of insurance was an instrument for the payment of money, and was assignable, on which the assignee should sue alone. 98 Ark. 340; 37 Id. 556; 47 Id. 541; Kirby’s Dig., § § 509-600. The demurrer and motion to strike was the proper practice to reach the error. 19 Ark. 602; 21 Id. 186; 25 Id. 327; 33 Id. 497-501; 93 Id. 215. 2. The rule is that where error is made, prejudice is presumed, unless it affirmatively appears that no prejudice has resulted. 105 Ark. 205;'144 Fed. 614.…
1Opinion of the CourtMcCulloch, C. J.
This is an action on a policy of insurance issued by defendant company on the life of one W. L. Price. The policy was payable to the “executor, administrator or assigns” of Price, and was assigned in writing by Price to E. A. Eolfe a few days prior to the former’s death, but the assignment was not presented to the company and accepted by it prior to Price’s death.
The suit is prosecuted jointly by Eolfe and by Williams as administrator of Price’s estate. It was alleged in the complaint and proved at the trial that Eolfe held Price’s note for the sum of $4,500, and that is the amount which…
2Cases cited3 opinions
- McRae v. WarmackSupreme Court of Arkansas · 1911
- Page v. Metropolitan Life InsuranceSupreme Court of Arkansas · 1911
- Kansas City Southern Railway Co. v. Mixon-McClicntock Co.Supreme Court of Arkansas · 1913
3Cited by4 opinions
- United Assurance Ass'n v. FrederickSupreme Court of Arkansas · 1917
- Langford v. National Life & Accident InsuranceSupreme Court of Arkansas · 1915
- Atkins v. CotterSupreme Court of Arkansas · 1920
- Mutual Aid Union v. AlexanderSupreme Court of Arkansas · 1925