Cherokee Life Ins, Co. v. Brannum
Supreme Court of Alabama
Appeal from Circuit Court, Madison County; Robert C. Brickell, Judge. Action by John B. Brannum against the Cherokee Life Insurance Company on a life insurance policy. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Madison County; Robert C. Brickell, Judge. Action by John B. Brannum against the Cherokee Life Insurance Company on a life insurance policy. Judgment for plaintiff, and defendant appeals. The second replication contains the receipt referred to in the opinion, and is as follows: (2) On said 26th day of October 1916, the defendant, by and through its duly authorized agent Charles B. Tarr, signed and delivered to the plaintiff an instrument in writing in words and figures as follows : “This receipt is not valid for more than first year’s premium nor in excess of a…
1Opinion of the CourtThomas, J.
The suit was upon a policy of life insurance in Code form, and resulted in judgment for the plaintiff.
Defendant’s pleas were: (1) A denial of liability under its policy; (2) that the application which is made a part of the contract provides that the policy shall not become effective “until the first premium is paid and the policy delivered to and received by the applicant during her life and good health”; that the insured died before the payment of the first premium ánd before the policy was delivered; (3) that the policy was not delivered until after the death of the insured, of which…
2Cases cited59 opinions
- Mutual Life Ins. Co. of New York v. LovejoySupreme Court of Alabama · 1917
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Alabama State Mutual Assurance Co. v. Long Clothing & Shoe Co.Supreme Court of Alabama · 1898
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Pitt v. Berkshire Life InsuranceMassachusetts Supreme Judicial Court · 1868
54 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Margie C. Barnes v. Atlantic & Pacific Life Insurance Company of America, a CorporationCourt of Appeals for the Fifth Circuit · 1975
- Hartford Fire Insurance Company v. ShapiroSupreme Court of Alabama · 1960
- Mutual Life Ins. Co. v. MandelbaumSupreme Court of Alabama · 1922
- McGifford v. Protective Life Ins. Co.Supreme Court of Alabama · 1933
- Old Southern Life Insurance Co. v. McConnellCourt of Civil Appeals of Alabama · 1974
53 more not listed; retrieve them via the Exa API.