American Cent. Life Ins. v. First Nat. Bank of Enterprise
Supreme Court of Alabama
Appeal from Circuit Court, Dale County; J. S. Williams, Judge. Suit by the First National Bank of Enterprise against the American Central Life Insurance Company. Judgment for plaintiff, and defendant appeals. The court erred in overruling demurrers to plaintiff’s replication, and in sustaining demurrers to the rejoinders thereto, since the entire contract was the policy in the application therefoi1. 171 Ala. 438, 55 South. 166; 10 Ala.
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Appeal from Circuit Court, Dale County; J. S. Williams, Judge. Suit by the First National Bank of Enterprise against the American Central Life Insurance Company. Judgment for plaintiff, and defendant appeals. The court erred in overruling demurrers to plaintiff’s replication, and in sustaining demurrers to the rejoinders thereto, since the entire contract was the policy in the application therefoi1. 171 Ala. 438, 55 South. 166; 10 Ala. App. 446, 65 South. 449. The company was not bound by any knowledge the agent might have had that was not contained in the application. 123 Ala. 669, 26 South.…
1Opinion of the CourtSayre, J.
We state the pleadings and rulings in this cause summarily, but sufficiently to disclose the fundamental error underlying the judgment rendered in the trial court: Plaintiff (appjellee) sued on a xiolicy of insurance issued by defendant (appellant) on tlie life of R. L. Towles, now deceased, and assigned to plaintiff by the beneficiary, the wife of assured.. Defendant pleaded that insured, in his application for the policy, had falsely, and with actual intent to deceive, represented that he did not use, and never used, spirits, wines, or malt liquors, in any quantity. For replication to pleas…
2Cases cited5 opinions
- People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
- Triple Link Mutual Indemnity Ass'n v. WilliamsSupreme Court of Alabama · 1898
- Ketcham v. American Mutual Accident Ass'nMichigan Supreme Court · 1898
- Union Cent. Life Ins. Co. v. RobinsonCourt of Appeals for the Fifth Circuit · 1906
- Mudge v. Supreme CourtMichigan Supreme Court · 1907
3Cited by10 opinions
- First Nat. Life Ins. Co. of America v. RectorSupreme Court of Alabama · 1932
- National Life Accident Ins. Co. v. BakerSupreme Court of Alabama · 1933
- Inter-Ocean Casualty Co. v. ErvinSupreme Court of Alabama · 1934
- American Life Ins. Co. v. BuntynSupreme Court of Alabama · 1933
- Tucker v. Ernst & Young, LLPSupreme Court of Alabama · 2014
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