Mente v. Townsend
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. Thos. B. Martin, Chancellor. There was no loan of $5,000. The signature of Mrs. Goldsmith was obtained by misrepresentations of her husband, appellee’s agent, and the assignment is therefore void. 1 Big. Fraud, 353; 38 Ark. 428, 432; 2 Hare’s Lead. Cas. Eq. 1213; 14 Yes. 273; 40 Ark. 28, 30, 31; 58 Ind. 493, 498; 18 Md. 305, 320; 78 N. Y. 68; 42 Md. 140, 153; 68 Mich. 116, S. C. 35 N. W. 853; 78 N. Y. 68, S. C. 34 Am.
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Appeal from Pulaski Chancery Court. Thos. B. Martin, Chancellor. There was no loan of $5,000. The signature of Mrs. Goldsmith was obtained by misrepresentations of her husband, appellee’s agent, and the assignment is therefore void. 1 Big. Fraud, 353; 38 Ark. 428, 432; 2 Hare’s Lead. Cas. Eq. 1213; 14 Yes. 273; 40 Ark. 28, 30, 31; 58 Ind. 493, 498; 18 Md. 305, 320; 78 N. Y. 68; 42 Md. 140, 153; 68 Mich. 116, S. C. 35 N. W. 853; 78 N. Y. 68, S. C. 34 Am. Rep. 50; 42 Md. 140, 152, 153; 59 N. Y. 587, 591; 18 Md. 305, 320; 58 Ind. 493. Transactions between husband and wife are prima facie…
1Opinion of the CourtBattle, J.
On the 17th of May, 1896, The Equitable Life Assurance Society of the United States executed a policy of insurance for $3,000, and on the 13th of August issued another policy for $2,000, both on the life of Solomon Goldsmith, and payable to Eugenia Goldsmith, his wife, in case she survived her husband, “or, in the event of her prior death, to the assured’s executors, administrators or assigns, subject to the right of the assured to change the beneficiary.” On the 5th of April, 1898, Solomon Goldsmith and his wife, Eugenia, executed an assignment of these two policies to Sarah Townsend as…
2Cases cited11 opinions
- Martin v. StubbingsIllinois Supreme Court · 1888
- Nally v. NallySupreme Court of Georgia · 1885
- Kerman v. HowardWisconsin Supreme Court · 1868
- Charter Oak Life Insurance v. BrantSupreme Court of Missouri · 1871
- Emerick v. CoakleyCourt of Appeals of Maryland · 1872
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3Cited by15 opinions
- W. B. Worthen Co. v. ThomasSupreme Court of the United States · 1934
- Antley v. New York Life InsuranceSupreme Court of South Carolina · 1927
- Davis v. Modern Industrial BankNew York Court of Appeals · 1939
- Herman v. Connecticut Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1914
- Merchants Bank v. GarrardSupreme Court of Georgia · 1924
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