Kimball v. Cunningham Hardware Co.
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Cunningham Hardware Company and others, against Mary E. Kimball and others, to subject to their demand as creditors the proceeds of a certain life insurance policy. Decree for complainants and respondents appeal.
Read the full summary
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Cunningham Hardware Company and others, against Mary E. Kimball and others, to subject to their demand as creditors the proceeds of a certain life insurance policy. Decree for complainants and respondents appeal. The complainants are alleged to be creditors of Lee R. Kimball, deceased, and they seek by this bill to subject to their claims the proceeds of certain life insurance policies, $55,000 in amount, which had been collected by the widow in her own right as the beneficiary named in the policies. With reference…
1Opinion of the Court
SOMERVILLE, J.(1) The theory upon which complainants seek to destroy Mrs. Kimball’s right to the proceeds of the three insurance policies is founded solely upon the allegation of the bill that her husband, the assured, was entitled by the terms of the policies to personally receive some sort of pecuniary benefit at stated times. The theory is that the reservation of any benefit in favor of the husband in a life insurance policy taken out and kept up by him for the benefit of his wife and children, who are named as beneficiary therein, reserves the policy from the protection of section 4502 of…
2Cases cited18 opinions
- Holden v. StrattonSupreme Court of the United States · 1905
- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- Steele v. BuelCourt of Appeals for the Eighth Circuit · 1900
- Fearn v. WardSupreme Court of Alabama · 1886
- Frank v. MyersSupreme Court of Alabama · 1892
13 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Ex Parte WilkinsonSupreme Court of Alabama · 1929
- In Re HealthSouth Corp. Ins. LitigationDistrict Court, N.D. Alabama · 2004
- Kimball v. Cunningham Hdw. Co.Supreme Court of Alabama · 1916
- Kimball v. Cunningham Hardware Co.Supreme Court of Alabama · 1918
- Pope v. CarterSupreme Court of Alabama · 1924
10 more not listed; retrieve them via the Exa API.