Summers v. Alexander
Supreme Court of Oklahoma
Error from Le Plore County Court; James L. Hale, Judge. Action by M. L. Alexander against J. M. Summers. Judgment for plaintiff, and defendant brings error. Action on two promissory notes aggregating $182.95, given by plaintiff in error, defendant below, for the first premium on a life insurance policy in the sum of $5,000 taken out by him.
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Error from Le Plore County Court; James L. Hale, Judge. Action by M. L. Alexander against J. M. Summers. Judgment for plaintiff, and defendant brings error. Action on two promissory notes aggregating $182.95, given by plaintiff in error, defendant below, for the first premium on a life insurance policy in the sum of $5,000 taken out by him. This action was originally brought by defendant in error, plaintiff below, in the justice court of Spiro township; judgment for defendant. An appeal was taken to the county court, where the cause was tided to a jury. At the close of the testimony,…
1Opinion of the Court
Opinion by
SHARP, C.
(after stating the facts as above). The pleadings were framed and the cause was tried in the county court upon the theory that the defendant, by retaining in his possession, without objection, the policy on his life, was thereby estopped from denying his liability on the notes. The answer of defendant charged that the notes in question were fraudulently obtained from him through the misrepresentations of the plaintiff, and that as soon as the fraud was discovered he returned the policy of insurance.
In Mutual Insurance Company v. Hargus, 99 S. W. (Tex.) 580, it is said :•
“The…
2Cases cited57 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Carter v. McClaughrySupreme Court of the United States · 1902
- McMaster v. New York Life InsuranceSupreme Court of the United States · 1901
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
52 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Equitable Building & Loan Ass'n v. BradySupreme Court of Georgia · 1930
- Mutual Benefit Health & Accident Ass'n v. FerrellArizona Supreme Court · 1933
- Pacific Mut. Life Ins. Co. of Cal. v. O'NeilSupreme Court of Oklahoma · 1913
- Patterson v. RousneySupreme Court of Oklahoma · 1916
- Phipps v. Union Mut. Ins. Co.Supreme Court of Oklahoma · 1915
11 more not listed; retrieve them via the Exa API.