Pacific Mut. Life Ins. Co. v. Hayes
Supreme Court of Alabama
Appeal from Law and Equity Court, Morgan County; Thomas W. Wert, Judge. Action by Mrs. E. M. Hayes against the Pacific Mutual Life Insurance Company, Judgment for plaintiff, and defendant appeals.
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Appeal from Law and Equity Court, Morgan County; Thomas W. Wert, Judge. Action by Mrs. E. M. Hayes against the Pacific Mutual Life Insurance Company, Judgment for plaintiff, and defendant appeals. Flea 3 alleged: That insured, Arthur J. Maynor, failed to pay the premium which said policy stipulated he should pay September 7, 1913, or else said policy should become lapsed and void, unless the same should be reinstated by Arthur J. Maynor’s warranty of good health and condition. That after' said policy lapsed and became void, he, said Maynor, to procure reinstatement of said insurance, executed…
1Opinion of the Court
This cause was submitted and considered under rule 46; tbe opinion of the court being delivered by
Mr. Justice THOMAS.
It is not necessary that we indulge in a detailed discussion of the many assignments of error. The suit, which was on a policy of life insurance, was in the Code form. Code, vol. 2, p. 1196, form 12; Pence v. Mut. Ben. L. Ins. Co., 180 Ala. 583, 61 South. 817; Patterson v. Grand Lodge, 162 Ala. 430, 50 South. 377.
[1] Demurrers to pleas 3, 4, 5, 7, 8, 9, and 11 were properly sustained on the authority of Massachusetts Mutual Life Insurance Co. v. Crenshaw, 195 Ala. 263, 70…
2Cases cited25 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Wright v. Mutual Benefit Life Ass'nNew York Court of Appeals · 1890
- Rawls v. . American Mutual Life Insurance CompanyNew York Court of Appeals · 1863
- Fitch v. . American Popular Life Ins. Co.New York Court of Appeals · 1875
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3Cited by9 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Sovereign Camp, W. O. W. v. AdamsSupreme Court of Alabama · 1920
- New York Life Ins. Co. v. ZivitzSupreme Court of Alabama · 1942
- First Nat. Life Ins. Co. of America v. RectorSupreme Court of Alabama · 1932
4 more not listed; retrieve them via the Exa API.