Mutual Benefit Life Insurance v. Martin
Court of Appeals of Kentucky
Case 3 — Action by Edmonia Martin Against the Mutual Benefit Life Ins. Co. on a Policy of Life Insurance ■Judgment fob Plaintiff and Defendant Appeals. APPEAL FROM FRANKLIN CIRCUIT COURT. 1. Section 1639 of Kentucky Statutes, that provides the conditions upon which the death of any person will be presumed, after an absence of seven successive years, supersedes the -common law. 'Sec. 333 Ky.
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Case 3 — Action by Edmonia Martin Against the Mutual Benefit Life Ins. Co. on a Policy of Life Insurance ■Judgment fob Plaintiff and Defendant Appeals. APPEAL FROM FRANKLIN CIRCUIT COURT. 1. Section 1639 of Kentucky Statutes, that provides the conditions upon which the death of any person will be presumed, after an absence of seven successive years, supersedes the -common law. 'Sec. 333 Ky. Con. 2. Section 163® of Kentucky Statutes does not, nor does the common law of presumptive death from seven years absence, apply to a fugitive from justice. 71 Fed. Rep., 2.58, N. W. Mut. Life Ins. Co. v.…
1Opinion of the Court
Opinion oír the court by
JUDGE HOBSON
Reversing.
On July 24, 1888, appellant issued a policy of insurance on the life of James W. Tate, payable to his wife and children at his- death. The amount of the policy was $5,000, and it was to be a paid-up policy after fifteen annual payments. On' June 30, 1897, appellee, Edmonia Martin, filed this suit to recover of appellant the amount of the policy, alleging that she was the only surviving child of the insured; that his wife was dead. She also averred that the assured was dead, alleging that on the 16th of March, 1888, he had left his home in…
2Cited by25 opinions
- Winter v. Supreme Lodge Knights of PythiasMissouri Court of Appeals · 1902
- Thetford v. Modern Woodmen of AmericaCourt of Appeals of Texas · 1925
- Steele v. Metropolitan Life Insurance Co.Supreme Court of North Carolina · 1928
- Egger v. Northwestern Mutual Life InsuranceWisconsin Supreme Court · 1931
- Equitable Life Assurance Society of the United States v. JamesIndiana Court of Appeals · 1920
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