American Mutual Aid Society v. Bronger
Court of Appeals of Kentucky
Case 76 — PETITION ORDINARY — APPEAL FROM JEPFERSON COURT OP COMMON PLEAS. The appellant, by failing to except to the findings of law by the trial judge in the court below, has waived the error which it now relies upon for a reversal of the judgment. (Henderson v. Dupree, 82 Ky., 680; Cincinnati National Bank v. Silva, 9 Ky. Law Rep., 405: Byring v. Brown, 7 Ky. Law Rep., 359; Haverin v. Otter, &c., 5 Ky. Law Rep., 180; Paducah, &c., v. Terrell, 5 Ky.
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Case 76 — PETITION ORDINARY — APPEAL FROM JEPFERSON COURT OP COMMON PLEAS. The appellant, by failing to except to the findings of law by the trial judge in the court below, has waived the error which it now relies upon for a reversal of the judgment. (Henderson v. Dupree, 82 Ky., 680; Cincinnati National Bank v. Silva, 9 Ky. Law Rep., 405: Byring v. Brown, 7 Ky. Law Rep., 359; Haverin v. Otter, &c., 5 Ky. Law Rep., 180; Paducah, &c., v. Terrell, 5 Ky. Law Rep., 952; Artsman v. Thoma, 4 Ky. Law Rep., 430; Neal, &c., v. Carter Bros., 11 Ky. Law Rep., 329; Gast v. Kemper, 7 Ohio, 75; Oleaveland…
1Opinion of the Court
JUDGE PRYOR
dkmybrer th® opinion o® the court.
This case involves a question of law and one of fact. It was heard by the court without the intervention of a jury. The insured made application to the appellant to have his life insured for the benefit of the appellee. The appellant is a mutual aid society. In answer to the question, “Have you made application for insurance in any other company,” the insured responded, “No.” An application had been made to another company, and the insured or his application refused. The examining physician discovered, as he thought, some trouble with his heart The…
2Cases cited4 opinions
- Peden's Administrator v. KingIndiana Supreme Court · 1868
- Smith v. DavidsonIndiana Supreme Court · 1873
- Chatterton v. ParrottMichigan Supreme Court · 1881
- King v. RitchieWisconsin Supreme Court · 1864
3Cited by10 opinions
- Provident Savings Life Assur. So. v. Whayne's Admr.Court of Appeals of Kentucky · 1906
- Niagara Fire Insurance v. LayneCourt of Appeals of Kentucky · 1915
- Western & Southern Life Ins. v. QuinnCourt of Appeals of Kentucky · 1908
- Patterson v. MiracleCourt of Appeals of Kentucky (pre-1976) · 1934
- Fidelity Mutual Life Ass'n v. McDanielIndiana Court of Appeals · 1900
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