Atlas Life Assur. Co. v. Moman
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Sol. Moman against the Atlas Life Assurance Company. Judgment for plaintiff, and defendant appeals. The action was upon a policy issued on the life of Lizzie Moman September 23, 1913, the said Lizzie dying October 14, 1913, after having paid two weekly premiums, and the premiums having been paid beyond the date on which said Lizzie died.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Sol. Moman against the Atlas Life Assurance Company. Judgment for plaintiff, and defendant appeals. The action was upon a policy issued on the life of Lizzie Moman September 23, 1913, the said Lizzie dying October 14, 1913, after having paid two weekly premiums, and the premiums having been paid beyond the date on which said Lizzie died. The following are the pleas referred to: (2) Plaintiff should not recover for this: That in the policy of insurance sued on the insured covenanted and agreed as follows : “Provided,…
1Opinion of the Court
BROWN, J.(1) Under the issues formed by the plaintiff’s replications 11 and 12 to the defendant’s pleas 2, 9, and 10, a portion of the conversation between the plaintiff and McRae at the defendant’s office in the city of Birmingham at the time one ■of the premiums on the policy was paid, in which plaintiff told McRae, the defendant’s general agent, that the insured was sick at the time the policy was delivered, and was still sick at the time of the conversation, in response to which McRae stated that the company would carry out its contract, was clearly admissible, and the objection and…
2Cases cited9 opinions
- Freeman v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- Frierson v. FrazierSupreme Court of Alabama · 1904
- Alabama Steel & Wire Co. v. ThompsonSupreme Court of Alabama · 1909
- Hill v. StateSupreme Court of Alabama · 1906
- Fike v. StrattonSupreme Court of Alabama · 1911
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