Legal Opinion

Industrial Mutual Indemnity Co. v. Perkins

Supreme Court of Arkansas

Decided June 29, 1908PublishedCited by 3 opinions

Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; There was no evidence on which to find for appellant. 65 Ark. 581. An ordinary receipt may be overcome by evidence. 46 Ark. 219. Even the presumption of payment arising from the possession of a note may be overcome by evidence. 13 111. App. 537. Instructions should be founded on some evidence to support them.

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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; There was no evidence on which to find for appellant. 65 Ark. 581. An ordinary receipt may be overcome by evidence. 46 Ark. 219. Even the presumption of payment arising from the possession of a note may be overcome by evidence. 13 111. App. 537. Instructions should be founded on some evidence to support them. As to whether the premium had been paid was a question for the jury, and was submitted to it under proper instructions. 81 Ark. 89.

1Opinion of the CourtHart, J.

This action was brought by appellee against appellant to recover upon a policy of life insurance. This is the second appeal of the case. The opinion on the first appeal is reported in 81 Ark. 87 (Industrial Mut. Ind. Co. v. Perkins), and contains a full statement of facts.

The same facts as reported there, were adduced in evidence at the trial in the court below, and, in addition thereto, W. C. Nicholson, who was not a witness at the former trial, testified that he was the agent of appellant. That he gave 'the policy to Henry Howell, and asked him to deliver it and collect the premium. That…

2Cases cited1 opinion

  1. Industrial Mutual Indemnity Co. v. PerkinsSupreme Court of Arkansas · 1906

3Cited by3 opinions

  1. Fidelity Mutual Life Insurance v. ClickSupreme Court of Arkansas · 1909
  2. National Equity Life Ins. Co. v. ParkerSupreme Court of Arkansas · 1935
  3. Fidelity Mutual Life Insurance v. ClickSupreme Court of Arkansas · 1909

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