Mutual Life Insurance v. Abbey
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Edward W. Winfield, Judge. The continuance of the policy was conditioned upon the payment of premiums.
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Appeal from Pulaski Circuit Court. Edward W. Winfield, Judge. The continuance of the policy was conditioned upon the payment of premiums. The third was not paid, and the policy lapsed, and the agent of appellant had no authority to waive the forfeiture. .60 Ark. 532; 62 Ark. 348; 86 S. W. 815; 187 U. S. 336; 93 U. S. 30; 54 Ark. 75; 104 U. S. 91. Presumptively, a promissory note is only conditional payment. 48 Ark. 267; 68 Ark. 233; May, Ins. § 345. The third note was not accepted as payment, and Mrs. George had no authority to do so. 187 U. S. 336; 112 U. S. 707; 28 S. W. 411; 100 Mass. 500;…
1Opinion of the CourtHill, C. J.
Mr. H. L. Remmel was a general agent of the appellant life insurance company, being district manager for the State of Arkansas. Mrs. George was a soliciting agent of Mr. Remmel’s. The company accepted no notes for premiums, but Mr. Remmel authorized his solicitors to take notes for. premiums, and directed them, when the party was not strong financially, to divide the annual premium into quarterly payments. When Mr. Remmel approved the notes taken by the solicitors, and the application was accepted by the company, and the policy written, he would pay the first note and deliver the policy. The…
2Cases cited5 opinions
- American Employers' Liability Insurance v. FordyceSupreme Court of Arkansas · 1896
- Insurance Company v. McCainSupreme Court of the United States · 1878
- German-American Insurance v. HumphreySupreme Court of Arkansas · 1896
- Fidelity Mutual Life Insurance v. BussellSupreme Court of Arkansas · 1905
- Burlington Insurance v. KennerlySupreme Court of Arkansas · 1895
3Cited by14 opinions
- Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
- American Insurance v. HornbargerSupreme Court of Arkansas · 1908
- Home Fire Insurance v. StancellSupreme Court of Arkansas · 1910
- Inter-Southern Life Insurance v. DuffCourt of Appeals of Kentucky · 1919
- Sadler v. Fireman's Fund InsuranceSupreme Court of Arkansas · 1932
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