Fidelity Mutual Life Insurance v. Click
Supreme Court of Arkansas
Appead from Howard Circuit Court; James S. Steel, Judge; The sole issue is, was the third annual premium paid? The appellee relies upon a receipt for that premium unfortified by any" other proof. The receipt alone was oiily prima facie proof of payment. The evidence on the part of appellant is clear and uncontradicted that this receipt was issued by mistake, and that this premium was never paid.
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Appead from Howard Circuit Court; James S. Steel, Judge; The sole issue is, was the third annual premium paid? The appellee relies upon a receipt for that premium unfortified by any" other proof. The receipt alone was oiily prima facie proof of payment. The evidence on the part of appellant is clear and uncontradicted that this receipt was issued by mistake, and that this premium was never paid. This testimony was consistent and reasonable throughout. 84 Ark. 368; 53 Ark. 96; 67 Ark. 514; 78 Ark. 234; 80 Ark. 396; 81 Ark. 368; Id. 405; 84 Ark. 333; 86 Ark. 465; 87 Ark. 70; 84 Ark. 368.
1Opinion of the CourtHart, J.
This is an appeal by the Fidelity Mutual Life Insurance Company from a judgment rendered against it in favor of Mary E. Click for $2,000 on a life insurance policy. The case turns on the payment of the third annual premium. If this premium was not paid, it is conceded that the policy sued on was void, and that appellee should not recover. On the other hand, if this premium was paid, the policy was in force at the death of the assured, and the appellee should recover.
To show payment, the appellee relied upon the following receipt:
“The Fidelity Mutual Life Insurance Company of Philadelphia…
2Cases cited2 opinions
- Southern Express Co. v. HillSupreme Court of Arkansas · 1907
- Industrial Mutual Indemnity Co. v. PerkinsSupreme Court of Arkansas · 1908
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- National Life Insurance v. MoutonTexas Supreme Court · 1923
- Standard Acc. Ins. Co. v. RossiCourt of Appeals for the Eighth Circuit · 1929
- Holland v. Interstate Fire Ins. Co.Supreme Court of Arkansas · 1958
- National Fire Insurance v. KightSupreme Court of Arkansas · 1932
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