Providence Savings Life Assurance Society v. Pruett
Supreme Court of Alabama
Appeal from tlie City Court of Montgomery. Tried before the Hon. A. 1). Sayre. This action was brought, by the appellee, Oscar1 J. Pruett, against the Provident Savings Life Assurance Society, and counted upon a life; insurance policy issued by the defendant, upon the life of Beth G. Pruett, who had died pending the term of the insurance. The facts of the case necessary to an understanding of the decision on this appeal are sufficiently stated in the opinion.
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Appeal from tlie City Court of Montgomery. Tried before the Hon. A. 1). Sayre. This action was brought, by the appellee, Oscar1 J. Pruett, against the Provident Savings Life Assurance Society, and counted upon a life; insurance policy issued by the defendant, upon the life of Beth G. Pruett, who had died pending the term of the insurance. The facts of the case necessary to an understanding of the decision on this appeal are sufficiently stated in the opinion. There were verdict and judgment in favor of the defendant.. Thereupon the plaintiff filed a motion for a new trial, assigning as…
1Opinion of the CourtSharpe, J.
This appeal is from an order granting to tire! plaintiff a new trial. On the main trial the court erred to plaintiff’s prejudice in overruling demurrers to pleas 5, 8 and 10, and, therefore, it did not err in granting the new trial.
The action was upon a policy whereby the defendant insured the life of Beth G. Pruett. Plea 5 is as follows: “It (defendant) says that the policy sued on and the application for said policy, together form one contract; that it is provided in a.iul by the application made by said S. G. Pruett among other things that all the statements and representations contained…
2Cases cited2 opinions
- Alabama Gold Life Insurance v. JohnstonSupreme Court of Alabama · 1886
- Mutual Benefit Life Insurance v. LehmanSupreme Court of Alabama · 1902
3Cited by12 opinions
- Independent Life Ins. Co. v. ButlerSupreme Court of Alabama · 1930
- National Union v. SherrySupreme Court of Alabama · 1913
- Life Ins. Co. of Virginia v. MannAlabama Court of Appeals · 1938
- Providence Saving Life Insurance Society v. PruettSupreme Court of Alabama · 1908
- Hunt v. Preferred Accident Ins.Supreme Court of Alabama · 1911
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