Kansas City Life Ins. Co. v. Black-Stone
Court of Appeals of Texas
Error from District Court, Upshur County; R. W. Simpson, Judge. Action by James H. Blaekstone against the Kansas City Life Insurance Company, in which defendant filed a cross-action. From a judgment for plaintiff and denying relief on the cross-action, defendant brings error.
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Error from District Court, Upshur County; R. W. Simpson, Judge. Action by James H. Blaekstone against the Kansas City Life Insurance Company, in which defendant filed a cross-action. From a judgment for plaintiff and denying relief on the cross-action, defendant brings error. Acting as a soliciting agent for the plaintiff in error, one Tom B. Blaekstone induced his cousin, Harvey A. Blaekstone, a young man then about 22 years of age, to apply to plaintiff in error for insurance on his life in the sum of $5,000. In accordance with the application, plaintiff in error issued to said Harvey A.…
1Opinion of the Court
It seems to be conceded by defendant in error in his brief that the answers set out in the statement above should be held to have operated as affirmative warranties; and, when considered, as they must be, with reference to the recitals in the policies and the stipulations in the application for same set out in said statement, it is plain they must be held to have so operated. Supreme Lodge K. L. of H. v. Payne,101 Tex. 455, 108 S.W. 1160, 15 L.R.A. (N.S.) 1277; Insurance Co. v. Pinson, 94 Tex. 554, 63 S.W. 531; 3 Cooley's Briefs on Insurance, p. 1935. While there is much authority for saying…
2Cases cited19 opinions
- Insurance Co. v. WolffSupreme Court of the United States · 1877
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Centennial Mutual Life Ass'n v. ParhamTexas Supreme Court · 1891
- Shirk v. MitchellIndiana Supreme Court · 1894
- Kansas Mutual Life Insurance v. PinsonTexas Supreme Court · 1901
14 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Emhart Industries, Inc. v. Home InsuranceDistrict Court, D. Rhode Island · 2007
- Modern Order of Pr&198torians v. DavidsonCourt of Appeals of Texas · 1918
- Modern Woodmen of America v. AtchesonCourt of Appeals of Texas · 1919
- Franklin Life Ins. Co. v. DossettCourt of Appeals of Texas · 1924
- Missouri State Life Ins. v. DossettCourt of Appeals of Texas · 1924
4 more not listed; retrieve them via the Exa API.