Ala. Gold Life Insurance v. Garner
Supreme Court of Alabama
Action on Policy of Life-Insurance, hy Trustee of Beneficiaries. Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥m. E. Clarke. This action was brought by T. W. Carner, “ as trustee for Eugene G-. Wiley and Harry L. Wiley, children of Mrs. Sarah E. Monday, deceased ; ” was commenced on the 16th April, 1884, and was founded on a “ paid-up ” policy of insurance for $488, winch the defendant, a domestic corporation, had issued to Mrs. Monday on her own life.
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Action on Policy of Life-Insurance, hy Trustee of Beneficiaries. Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥m. E. Clarke. This action was brought by T. W. Carner, “ as trustee for Eugene G-. Wiley and Harry L. Wiley, children of Mrs. Sarah E. Monday, deceased ; ” was commenced on the 16th April, 1884, and was founded on a “ paid-up ” policy of insurance for $488, winch the defendant, a domestic corporation, had issued to Mrs. Monday on her own life. The policy was dated the 27th January, 1877’; was issued in consideration of the surrender by Mrs. Monday of a former policy…
1Opinion of the CourtClopton, J.
A mistake, and by whom made, are facts to which a witness may testify, if within his knowledge. The fact of a mistake, and knowledge of the person by whom made, are essential to the relevancy and admissibility of the evidence. It is the appropriate office of the jury to draw the conclusion as to the fact of a mistake, and as to the person who committed it, from the circumstances proved, where the witness does not know, as a fact, that any mistake was committed. The answer of the witness, Carter — -“If any mistake was made in her age, it was made by me,” — is the mere conclusion or opinion of…
2Cases cited6 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Jeffries v. Life InsuranceSupreme Court of the United States · 1875
- Insurance Company v. MahoneSupreme Court of the United States · 1875
- Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1876
- Whizenant v. StateSupreme Court of Alabama · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Alabama Gold Life Insurance v. JohnstonSupreme Court of Alabama · 1886
- Triple Link Mutual Indemnity Ass'n v. WilliamsSupreme Court of Alabama · 1898
- National Life and Accident Insurance Co. v. AllenSupreme Court of Alabama · 1970
- Williamson v. New Orleans InsuranceSupreme Court of Alabama · 1887
- Hoover v. Royal Neighbors of AmericaSupreme Court of Kansas · 1902
14 more not listed; retrieve them via the Exa API.