Laughlin v. Fidelity Mutual Life Ass'n
Court of Appeals of Texas
Appeal from Ellis. Tried below before Hon. Anson Bainey. 1. The policy with its indorsements and the note with its recitals having been executed contemporaneously, will all be looked to in order to determine the contract of the parties.
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Appeal from Ellis. Tried below before Hon. Anson Bainey. 1. The policy with its indorsements and the note with its recitals having been executed contemporaneously, will all be looked to in order to determine the contract of the parties. And it having been' admitted in the pleadings of appellants that in fact the premium had not been paid, but was evidenced by the note, and that the note had not been paid, it was simply a question of law for the court, and not the jury, to construe the contract in the light of this admission; and the court did not err in holding, in the absence of any proof…
1Opinion of the Court
FINLEY, Associate Justice.
Appellants sued appellee to recover the sum of $2000 upon a life insurance policy which appellants allege was issued on April 28, 1891, by appellee, upon the life of Daniel P. Laughlin, who, at the time he obtained said policy, paid to appellee the first annual payment, which, under the terms of said policy, was full satisfaction of all dues under said policy up to April 28, 1892. That said Laughlin died on December 24, 1891, and appellants demanded of appellee the payment of said sum of $2000, whereupon appellee denied all liability under said policy. The policy is…
2Cases cited11 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
- Thompson v. Insurance Co.Supreme Court of the United States · 1881
- Klein v. Insurance Co.Supreme Court of the United States · 1881
- Knickerbocker Life Insurance v. PendletonSupreme Court of the United States · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Home Ins. Co. v. PuckettTexas Commission of Appeals · 1930
- State Life Insurance v. TylerSupreme Court of Georgia · 1917
- Wyche v. Trinity Universal Ins. Co.Court of Appeals of Texas · 1946
- Security Life & Annuity Co. of America v. UnderwoodCourt of Appeals of Texas · 1912
- National Life Insurance v. ManningCourt of Appeals of Texas · 1905
4 more not listed; retrieve them via the Exa API.