Legal Opinion

Gray v. Stone

Supreme Court of Arkansas

Decided January 22, 1912PublishedCited by 14 opinions

Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. This is a suit on a promissory note for $135.93, executed May 18, 1910, by W. C. Stone and due J. L. Gray on December 1, thereafter.

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Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. This is a suit on a promissory note for $135.93, executed May 18, 1910, by W. C. Stone and due J. L. Gray on December 1, thereafter. The answer admitted the execution of the note, and that it had not been paid, but alleged that it was made in settlement of a premium on two policies of life insurance, one upon his own life, the amount of the premium being $83.20, and the other upon the life of his wife, the premium amounting to $52.70. That Gray was the agent of the life insurance companies issuing the…

1Opinion of the Court

Kirby, J.,

(after stating the facts). The undisputed testimony shows that the two policies of insurance applied for were ■ written, delivered to and receipted for by Stone and his wife, and the note sued on executed in payment of the premium. That neither of said policies was ever returned or offered to be returned by appellee to the agent of the company or to the company itself, and that he in fact refused to return the policies or either of them and kept them; neither did he make complaint to the company or to the agent at all until after his note became due, and then only as to his own…

2Cases cited6 opinions

  1. Bloom v. Home Insurance AgencySupreme Court of Arkansas · 1909
  2. Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
  3. Franklin Life Insurance v. GalliganSupreme Court of Arkansas · 1903
  4. Mutual Reserve Fund Life Ass'n v. FarmerSupreme Court of Arkansas · 1898
  5. Minneapolis Fire & Marine Mutual Insurance v. NormanSupreme Court of Arkansas · 1905

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Fidelity & Casualty Co. v. MeyerSupreme Court of Arkansas · 1912
  2. Mutual Aid Union v. BlacknallSupreme Court of Arkansas · 1917
  3. New York Life Insurance v. AdamsSupreme Court of Arkansas · 1921
  4. Allen v. Quercus Lumber Co.Missouri Court of Appeals · 1913
  5. Inter-Southern Life Insurance v. HolzhauerSupreme Court of Arkansas · 1928

9 more not listed; retrieve them via the Exa API.

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