Alabama Gold Life Insurance v. Herron
Mississippi Supreme Court
Error to the Circuit Court of Noxubee County. Hon. J. M. Arnold, Judge. The Alabama Gold Life Insurance Company bring up this case from a judgment in the Circuit Court, on appeal from the judgment- of a justice of the peace, for the defendant, in a suit on the following note : — “$73.87 gold. Macon, Miss., June 16, 1875. “ On the first day of January after date, I promise to pay to the order of the Alabama Gold Life Insurance Co., in gold, seventy-three TV “A. M. HeRkon.”
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Error to the Circuit Court of Noxubee County. Hon. J. M. Arnold, Judge. The Alabama Gold Life Insurance Company bring up this case from a judgment in the Circuit Court, on appeal from the judgment- of a justice of the peace, for the defendant, in a suit on the following note : — “$73.87 gold. Macon, Miss., June 16, 1875. “ On the first day of January after date, I promise to pay to the order of the Alabama Gold Life Insurance Co., in gold, seventy-three TV “A. M. HeRkon.” The application of A. M. Herron to Yates Brothers, agents for the plaintiff at Macon, for a policy of insurance, was…
1Opinion of the CourtSiMRALL, C. J.
The defendant in error rested his defence in the Circuit Court on the proposition that the contract of insurance was not consummated; that, although the policy was filled up and formally executed by the insurance company, it was never, in fact, delivered to him, nor was he notified that his application for insurance had been accepted ; and therefore the promissory note, the subject of the suit, is without consideration.
The uncontroverted facts are, that Herron, through Yates Brothers, the local agents at Macon, in this State, made a written applicatioñ to the Alabama Gold Life Insurance…
2Cases cited2 opinions
- Keim v. Home Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1867
- Planters' Insurance v. RayMississippi Supreme Court · 1876
3Cited by5 opinions
- Shawnee Mut. Fire Ins. Co. v. McClureSupreme Court of Oklahoma · 1913
- New York Life Ins. v. SmithMississippi Supreme Court · 1922
- New York Life Ins. Co. v. GreshamMississippi Supreme Court · 1934
- Mutual Life Ins. v. ShoemakeMississippi Supreme Court · 1921
- Prudence Mutual Casualty Insurance v. SwitzerMississippi Supreme Court · 1965