People's Mutual Assurance Fund v. Boesse
Court of Appeals of Kentucky
Case 55 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The conclusive effect of recitals in deeds and contracts is restricted to the recital of things in particular as being in existence at the time of its execution, and does not extend to the mention of things in general terms.
Read the full summary
Case 55 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The conclusive effect of recitals in deeds and contracts is restricted to the recital of things in particular as being in existence at the time of its execution, and does not extend to the mention of things in general terms. (1 Greenleaf on Evidence, vol. 1, sec. 26.) 2. The representations made by an assured on an application for a policy constitute the foundation of the contract, but are no part of it unless so embodied as to make them warranties. (Bacon on Benefit Societies and Life Insurance, sec. 206; 2 Kent’s Com., sec.…
1Opinion of the CourtChief Justice Holt
In 1880 three thousand dollars of insurance was taken out in the Presbyterian Mutual Assurance Fund, of Louisville, Ky., upon the life of Anna K. Boesse, payable to her husband, the appellee, John Boesse, at her death.
The policy was kept in force by the regular payment of the premiums, and on January 25, 1888, the company desired to quit business. A contract was therefore then made between it and the appellant, the People’s Mutual Assurance Fund of the same city, by which, in consideration of the first-named company turning over its risks to the appellant, the latter agreed “to reinsure all…
2Cited by2 opinions
- J. R. Watkins Co. v. JordanCourt of Appeals of Kentucky (pre-1976) · 1933
- Horton v. Board of TrusteesCourt of Appeals of Kentucky · 1920