White v. Equitable Nuptial Benefit Union
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. , Tried before the lion. H. C. Speake. This action was brought by Alex. L. White, and was commenced by original attachment, which was sued out on 27th November, 1882. In the affidavit for the attachment, and in the writ of attachment, the defendants were described as “ Oscar R. Hundley, William A. McNeely, and Alexander Erskine, jr., constituting the Equitable Nuptial Benefit Union, organized under the laws of Alabama; ” and in the…
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Appeal from the Circuit Court of Madison. , Tried before the lion. H. C. Speake. This action was brought by Alex. L. White, and was commenced by original attachment, which was sued out on 27th November, 1882. In the affidavit for the attachment, and in the writ of attachment, the defendants were described as “ Oscar R. Hundley, William A. McNeely, and Alexander Erskine, jr., constituting the Equitable Nuptial Benefit Union, organized under the laws of Alabama; ” and in the original statement of the parties’ names, in the complaint, the same three persons were named as defendants, with the…
1Opinion of the CourtClopton, J.
— The special counts of the complaint declare on a contract, called a “ marriage insurance policy,” issued by the “ Equitable Nuptial Benefit Union,” which is averred to be a corporation, duly incorporated under the laws of this State. The question of the validity of the contract was made by demurrer to the special counts; the causes assigned being, that it is in the nature of a marriage-brokage contract, is in restraint of marriage, and is in the nature of a gambling contract.
A marriage-brokage contract is an agreement for the payment of money, or other compensation, for the procurement of a…
2Cases cited4 opinions
- Hill v. FreemanSupreme Court of Alabama · 1882
- Williams v. CowdenSupreme Court of Missouri · 1850
- Chalfant v. PaytonIndiana Supreme Court · 1883
- Collier v. Slaughter's Adm'rSupreme Court of Alabama · 1852
3Cited by7 opinions
- Appleby v. Estates of ApplebySupreme Court of Minnesota · 1907
- Foy v. FoySupreme Court of Alabama · 1984
- Culver v. GuyerSupreme Court of Alabama · 1900
- Barnes v. HobsonCourt of Appeals of Texas · 1923
- Taylor v. MartinCourt of Civil Appeals of Alabama · 1985
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