Mutual Reserve Fund Life Ass'n v. Cotter
Supreme Court of Arkansas
Appeal from Cross Circuit Court; Allen Hughes, Judge; 1. Where, through either fraud or mistake, a written instrument, which is part of a contract, does not state the facts, before it can be corrected, the evidence of the fraud or mistake must be clear, full and convincing. 15 Ark. 275; 71 Ark. 614; 75 Ark. 72. 2. Among the questions propounded to the deceased, Riffey, were the following: “Do you use, or have you ever used, .ardent spirits, wine or malt liquor? If so, to…
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Appeal from Cross Circuit Court; Allen Hughes, Judge; 1. Where, through either fraud or mistake, a written instrument, which is part of a contract, does not state the facts, before it can be corrected, the evidence of the fraud or mistake must be clear, full and convincing. 15 Ark. 275; 71 Ark. 614; 75 Ark. 72. 2. Among the questions propounded to the deceased, Riffey, were the following: “Do you use, or have you ever used, .ardent spirits, wine or malt liquor? If so, to what extent — average quantity each day? State fully. Do not answer occasionally, moderately or temperately.” To which the…
1Opinion of the CourtRiddick, J.
This is an appeal from a judgment in favor of Arthur Cotter and others, administrators of the estate of John Riffey., against the Mutual Reserve Fund Life Association for the sum of $1,000 and interest on a policy of insurance issued by -the company on the life of John Riffey.
This is the second appeal by the company. When the case was here before, the judgment against the insurance association was reversed for the reason that the evidence showed that -in his -application for the policy Riffey had made misstatements of material facts. In answer to the question, “Flow long since you consulted…
2Cases cited2 opinions
- Chambers v. Northwestern Mutual Life InsuranceSupreme Court of Minnesota · 1896
- Franklin Life Insurance v. GalliganSupreme Court of Arkansas · 1903
3Cited by10 opinions
- Metropolitan Life Insurance Company v. ShaneSupreme Court of Arkansas · 1911
- O'Connor v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1910
- Merchants' Fire Insurance v. McAdamsSupreme Court of Arkansas · 1908
- Williams v. Pacific States Fire Ins. Co.Oregon Supreme Court · 1926
- Lindstrom v. National Life Ins.Oregon Supreme Court · 1917
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