Legal Opinion

Metropolitan Life Ins. v. Ford

Court of Appeals of Kentucky

Decided June 4, 1907PublishedCited by 4 opinions

CASE 8. — ACTION BY MARY FORD AGAINST THE METRO- . POLITAN LIFE INS. CO. ON A POLICY ON THE LIFE OF HER DECEASED HUSBAND. Appeal from Jefferson Circuit Court. C. P. Branch (First Div.) Emmet Field Judge. Judgment' for plaintiff, defendant appeals.— POINTS AND AUTHORITIES DISCUSSED. 1.. A peremptory instruction should have been given for defendant: Sec. 639, Ky. Stats.; Providence Savings Life Assurance Society v. Dees>, 27 Ky.

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CASE 8. — ACTION BY MARY FORD AGAINST THE METRO- . POLITAN LIFE INS. CO. ON A POLICY ON THE LIFE OF HER DECEASED HUSBAND. Appeal from Jefferson Circuit Court. C. P. Branch (First Div.) Emmet Field Judge. Judgment' for plaintiff, defendant appeals.— POINTS AND AUTHORITIES DISCUSSED. 1.. A peremptory instruction should have been given for defendant: Sec. 639, Ky. Stats.; Providence Savings Life Assurance Society v. Dees>, 27 Ky. Law Rep., 670; Providence Savings Life Assurance Society v. Whayne’s admr., 93 S. W., p. 1052; Union Central Life Ins. Co. v. Lee, 20 Ky. Law Rep., 839; Mutual Life…

1Opinion of the Court

Opinion of the Court by

Judge Settle

Affirming.

This is an appeal from a judgment of $1,000 recovered against appellant by appellee in the court below upon a policy of insurance on the life of her husband, John Ford, whose death occurred in Jefferson county. The application for the .policy bears date July 18, 1905. The. policy was issued and delivered to the insured during the same month, and his death, caused by acute Bright’s disease, occurred October 16, 1905. Three matters of defense were presented in the court below by appellant’s answer: (1) That, in order to pass the required physical…

2Cases cited4 opinions

  1. Price's Adm'r v. ThompsonCourt of Appeals of Kentucky · 1886
  2. Provident Savings Life Assur. So. v. Whayne's Admr.Court of Appeals of Kentucky · 1906
  3. Provident Savings Life Assurance Co. v. DeesCourt of Appeals of Kentucky · 1905
  4. Mutual Life Insurance v. ThomsonCourt of Appeals of Kentucky · 1893

3Cited by4 opinions

  1. O'Connor v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1910
  2. Aetna Life Insurance v. McCullaghCourt of Appeals of Kentucky · 1919
  3. Columbia Life Ins. v. TouseyCourt of Appeals of Kentucky · 1913
  4. Brotherhood of Railroad Trainmen v. SwearingenCourt of Appeals of Kentucky · 1914

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