Legal Opinion

Pacific Mutual Life Insurance v. Walker

Supreme Court of Arkansas

Decided November 4, 1899PublishedCited by 22 opinions

Appeal from Ashley Circuit Court. STATEMENT BY THE COURT. Thos. J. Walker, was, on the 22d day of February, 1896, engaged in the occupation of coal heaver for the Iron Mountain Railway Company, at Wilmot, Arkansas. On that day he procured from the agent of the Pacific Mutual Life Insurance Company an accident policy insuring him against violent and accidental injuries for one year.

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Appeal from Ashley Circuit Court. STATEMENT BY THE COURT. Thos. J. Walker, was, on the 22d day of February, 1896, engaged in the occupation of coal heaver for the Iron Mountain Railway Company, at Wilmot, Arkansas. On that day he procured from the agent of the Pacific Mutual Life Insurance Company an accident policy insuring him against violent and accidental injuries for one year. The policy recites that it was issued in consideration of the representations and warranties contained in the application for insurance, the stipulations in the policy, and also in consideration of an order drawn…

1Opinion of the Court

Riddick, J.,

(after stating the facts.) This action was brought upon a policy of insurance against accidental injuries. One of the defenses against the action is based on the contention that a certain installment of the premium agreed to be given as a consideration for the policy was not paid. The plaintiff, Walker, gave the insurance company an order on the railroad company, of which he was an employee, for the payment of this installment, it being specified therein that the same should be deducted from his wages. The insurance company contends that by the terms of this order the payment…

2Cases cited6 opinions

  1. Catlett v. Railway Co.Supreme Court of Arkansas · 1893
  2. Lyon v. Travelers' InsuranceMichigan Supreme Court · 1884
  3. Bane v. Travelers' InsuranceCourt of Appeals of Kentucky · 1887
  4. National Benefit Ass'n v. JacksonIllinois Supreme Court · 1885
  5. McMahon v. Travelers' InsuranceSupreme Court of Iowa · 1889

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

3Cited by22 opinions

  1. Sovereign Camp Woodmen of the World v. NewsomSupreme Court of Arkansas · 1920
  2. St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1907
  3. Braman and the Gus Blass Co. v. WalthallSupreme Court of Arkansas · 1949
  4. St. Louis, Iron Mountain & Southern Railway Co. v. TomlinsonSupreme Court of Arkansas · 1901
  5. Little Rock Railway & Electric Co. v. DobbinsSupreme Court of Arkansas · 1906

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

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