Scheuer, Wise & Co. v. New York Life Ins. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Bill by Scheuer, Wise & Co. against the New York Life Insurance Company. From decree rendered, complainants appeal.
1Opinion of the CourtSayre, J.
A former appeal in this case was decided at the November term, 1916. Enough of it to serve present purposes may be seen in the Southern Reporter. 198 Ala. 47, 73 South. 409.
[1-3] By their last amendment complainants, appellants, charged that the agreement under which the insured obtained a loan on his policy was such that “it was possible for a contingency to arise whereby more than the lawful interest allowed under the laws of the state of New York could have been exacted by the company of the insured, and hence the said loan agreement, which incorporated said policy terms in its provisions,…
2Cases cited4 opinions
- New York Life Ins. v. ScheuerSupreme Court of Alabama · 1916
- Emig's Admr. v. Mutual Benefit Life Ins.Court of Appeals of Kentucky · 1907
- Van Beil v. FordneySupreme Court of Alabama · 1885
- Watson v. McClanahanSupreme Court of Alabama · 1848
3Cited by3 opinions
- Penn Mut. Life Ins. Co. v. FiquettSupreme Court of Alabama · 1934
- Schoonover v. Prudential Insurance Co. of AmericaSupreme Court of Minnesota · 1932
- Columbian Mut. Life Ins. Co. v. VasserSupreme Court of Alabama · 1935