Mutual Reserve Fund Life Ass'n v. Farmer
Supreme Court of Arkansas
Appeal from G-arland Circuit Court. Alexander M. Duffie, Judge. There was no evidence to support the verdict. The evidence shows that the insured knew of, and made no objection to, the answers written by Ellsworth. If this were not true, the insured ought to have read over the application, and he can not urge that reason to avoid the agreements therein. 58 Ark. 281; 117 TJ.
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Appeal from G-arland Circuit Court. Alexander M. Duffie, Judge. There was no evidence to support the verdict. The evidence shows that the insured knew of, and made no objection to, the answers written by Ellsworth. If this were not true, the insured ought to have read over the application, and he can not urge that reason to avoid the agreements therein. 58 Ark. 281; 117 TJ. S. 519; 62 Ark. 47. By making Ellsworth his agent in answering these questions, insured bound himself by his answers. 53 Ark. 222; May, Ins. § 122; 70 N. W. 86. These answers and statements in the application are binding…
1Opinion of the CourtBunn, C. J.
This is a suit to recover on a policy of [life insurance, and the defenses are several, and the first in order is that the policy, notwithstanding its delivery, under an expressed stipulation contained in the application for it, never in fact became operative. The stipulation referred to is in these words: “That under no circumstances shall the insurance hereby applied for be in force until payment in cash of the first payment, and delivery of the policy to the applicant during his life and in good health."
The evidence in the case tended to show that the policy was placed in the mail at Hope,…
2Cases cited1 opinion
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
3Cited by21 opinions
- Kilborn v. Prudential InsuranceSupreme Court of Minnesota · 1906
- Unterharnscheidt v. Missouri State Life InsuranceSupreme Court of Iowa · 1912
- Aloe v. Mutual Reserve Life Ass'nSupreme Court of Missouri · 1899
- Mutual Aid Union v. BlacknallSupreme Court of Arkansas · 1917
- Gray v. StoneSupreme Court of Arkansas · 1912
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