Mutual Aid Union v. Blacknall
Supreme Court of Arkansas
Appeal from Logan Circuit Court, Southern District; James Cochran, Judge; 1. The court erred in giving instruction No. 8 for the plaintiff, and in refusing No. 13, asked by defendant. The knowledge of the agent must be actual and not.implied. The burden was on appellee to show actual knowledge on the part of the agent. 135 Am.
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Appeal from Logan Circuit Court, Southern District; James Cochran, Judge; 1. The court erred in giving instruction No. 8 for the plaintiff, and in refusing No. 13, asked by defendant. The knowledge of the agent must be actual and not.implied. The burden was on appellee to show actual knowledge on the part of the agent. 135 Am. St. 160; 12 Id. 801; 14 R. C. L. pp. 1159, 1167, 1173; 65 Ark. 54; 65 Id. 62; 25 Cyc. 856; 60 S. W. 576; 111 Fed. 19; 102 Ark. 146. Where the applicant informs the agent relative to his age and health, then the company is bound, but such knowledge must be based on…
1Opinion of the CourtWood, J.
Appellant is a mutual aid society (hereafter called society), doing an insurance business in Arkansas on the assessment plan. Appellee is the beneficiary in a certificate of insurance issued by the 'society insuring the life of Dr. Blacknall. After the death of Blacknall, the appellee instituted this suit against the society, and J. W. Walker and J. E. Felker, sureties on the society’s bond, to recover the sum of $175 alleged to be due her on the certificate of insurance, and also 12 per cent, damages as penalty for the refusal to pay, and for a reasonable attorney’s fee.
The society denied…
2Cases cited10 opinions
- Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
- Franklin Life Insurance v. GalliganSupreme Court of Arkansas · 1903
- People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
- Triple Link Mutual Indemnity Ass'n v. WilliamsSupreme Court of Alabama · 1898
- Phoenix Insurance v. FlemmingSupreme Court of Arkansas · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Old Colony Life Insurance v. JulianSupreme Court of Arkansas · 1927
- Southern National Insurance Co. v. HeggieSupreme Court of Arkansas · 1943
- American National Insurance v. HaleSupreme Court of Arkansas · 1927
- Home Mutual Benefit Ass'n v. RowlandSupreme Court of Arkansas · 1922
- Time Insurance Co. v. GravesCourt of Appeals of Arkansas · 1987
23 more not listed; retrieve them via the Exa API.