Alabama Gold Life Insurance v. Mobile Mutual Insurance
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hou. O. J. Semmes. The opinion states the facts. 1. — The general charge should have been given.
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Appeal from the City Court of Mobile. Tried before the Hou. O. J. Semmes. The opinion states the facts. 1. — The general charge should have been given. The evidence established a misrepresentation of the age of the assured, made in the application upon which the policy was issued. — Tuttle v. Walker, 69 Ala. 172; Banders v. State, 58 Ala. 371. 2. The evidence failed to disclose that appellee had an insurable interest in the life of the assured. — Helmetag v. Miller, 76 Ala. 183 ; White v. Equitable Benefit Union, 76 Ala. 262 ; 2 Greenleaf on Ev., §135; 1 Chitty on Pld. 472; 15 Johnson N. Y.…
1Opinion of the CourtClopton, J.
— The Alabama Gold Life Insurance Company issued, Eebruary 14, 1871, a policy of insurance in the sum of five thousand dollars on the life of James L. Steed-man, payable to the assured or his legal representatives. On July 18, 1882, Steedman assigned the policy to Charles A. Holt, who was his creditor. The company, on request of Steedman and Holt, issued July 23, 1883, in consideration of the surrender of this policy, a paid up policy, being the one sued on, payable to Holt, “ assignee, his executors, administrators, or assigns.” The latter policy was assigned by Holt, during the life of the…
2Cases cited11 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Helmetag's Adm'r v. MillerSupreme Court of Alabama · 1884
- Petty v. DillSupreme Court of Alabama · 1875
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
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- Gordon v. Ware Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Tabler, Crudup & Co. v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1888
- Missouri State Life Ins. Co. v. Robertson Banking Co.Supreme Court of Alabama · 1931
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