National Mutual Benefit Ass'n v. Miller
Court of Appeals of Kentucky
Case 17 — PETITION OBDINAEY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The plaintiff had no insurable interest in the life of the insured. (Bayse v. Adams, 81 Ky., 368.) 2. The certificate of membership was void on account of false and fraudulent misrepresentations contained in the application. Eraud consists in the suppression of truth as well as in the representation of falsehood.
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Case 17 — PETITION OBDINAEY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The plaintiff had no insurable interest in the life of the insured. (Bayse v. Adams, 81 Ky., 368.) 2. The certificate of membership was void on account of false and fraudulent misrepresentations contained in the application. Eraud consists in the suppression of truth as well as in the representation of falsehood. (Talbott v. Todd, 5 Dana, 196; Graves v. Lebanon National Bank, 10 Bush, 32; Wood v. Wood, 78 Ky., 629; May on Insurance, sec. 203.) 3. Affidavits by the insured as to his health, filed before the pension…
1Opinion of the CourtChief Justice Pryor
In August, 1878, Jesse D. Seaton being indebted to Miller, the appellee, in a considerable sum of money, became a member of the National Mutual Benefit Association, and named, as his beneficiary, Miller, to secure In'm in the indebtedness. After he became a member, assessments were- made on the deaths of Boes, McDonough and Richardson, of which the insured Seaton had notice, and no payment having been made, it is insisted that Seaton forfeited his membership, and that appellee had no claim upon the company. On the trial of the casé a special verdict or finding of facts was returned into court…
2Cases cited1 opinion
- National Mutual Benefit Ass'n v. JonesCourt of Appeals of Kentucky · 1886
3Cited by11 opinions
- Thompson v. Fidelity Mutual Life Ins.Tennessee Supreme Court · 1906
- Lowry v. StottsCourt of Appeals of Kentucky · 1910
- Owen v. Howard InsuranceCourt of Appeals of Kentucky · 1888
- Booher v. Farmers' Mutual Fire Ass'nWest Virginia Supreme Court · 1922
- Hixenbaugh v. Union Central Life InsuranceAppellate Court of Illinois · 1920
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