Inter-Southern Life Insurance v. Ransom
Supreme Court of Arkansas
Appeal from Johnson Circuit Court; A. B. Priddy, Judge; The court erred in overruling plaintiff’s motion to require the complaint to be made more definite in regard to delivery of the policy. Under the pleadings the issue hinged upon a manual delivery of the policy to insured. The evidence showed a delivery of the policy by a stranger to insured’s wife. This occasioned a surprise to appellant. 71 Ark. 197; 55 Ark. 567. There was never a contract between the parties.
Read the full summary
Appeal from Johnson Circuit Court; A. B. Priddy, Judge; The court erred in overruling plaintiff’s motion to require the complaint to be made more definite in regard to delivery of the policy. Under the pleadings the issue hinged upon a manual delivery of the policy to insured. The evidence showed a delivery of the policy by a stranger to insured’s wife. This occasioned a surprise to appellant. 71 Ark. 197; 55 Ark. 567. There was never a contract between the parties. See 115 Fed. 81. The insured never accepted the policy. 27 S. E. 38. To be effective, an acceptance of an application must be in…
1Opinion of the CourtWood, J.
On the 13th day of July, 1920, Isaac H. Ransom made application to the appellant for a policy of life insurance in the sum of $1,000 in favor of his wife, the appellee. The policy was issued on August 20, 1920, and was sent to appellant’s agent, H. D. Coffee, at Clarks-ville, Arkansas, some time prior to the 25th day of August, 1920. Coffee delivered the policy to one Earle Mardis, who was the manager of a coal mine at which Eansom worked, and Mardis delivered the policy to the appellee. Eansom.became ill on the 5th of August, 1920, with typhoid fever, and died on September 16,1920. This…
2Cases cited9 opinions
- St. Louis Southwestern Railway Co. v. MulkeySupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. IngramSupreme Court of Arkansas · 1915
- Goset v. GosetSupreme Court of Arkansas · 1914
- International Harvester Co. of America v. LaytonSupreme Court of Arkansas · 1921
- Jenkins v. International Life InsuranceSupreme Court of Arkansas · 1921
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mid-Continent Life Ins. Co. v. HouseSupreme Court of Oklahoma · 1932
- Able v. Pilot Life Ins. Co.Supreme Court of South Carolina · 1938
- Rosenblum v. Sun Life Assur. Co. of CanadaWyoming Supreme Court · 1937
- Person v. Ætna Life Ins.Court of Appeals for the Eighth Circuit · 1929
- Gregory v. Hoosier Casualty Co.Superior Court of Pennsylvania · 1936
3 more not listed; retrieve them via the Exa API.