Legal Opinion

Carrigan v. Nichols

Supreme Court of Arkansas

Decided April 25, 1921PublishedCited by 14 opinions

Appeal from G-rant Circuit. Court; W. H. Evans, Judge; 1. Under the law as'announced in 88 Ark. 284, it was the duty of the insured to examine the policy and reject. it, if he did not want it, and return it without unreasonable delay. Failing to do this, he is deemed to have accepted it.

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Appeal from G-rant Circuit. Court; W. H. Evans, Judge; 1. Under the law as'announced in 88 Ark. 284, it was the duty of the insured to examine the policy and reject. it, if he did not want it, and return it without unreasonable delay. Failing to do this, he is deemed to have accepted it. Under the evidence here, it was error for the court to modify appellants’ instruction No. 4 so as to leave it to the jury to say whether or not he had accepted the policy. 102 Ark. 150. 2. Instruction No. 6 for appellee is misleading and prejudicial and conflicts with other instructions given by the court. It…

1Opinion of the CourtMcCulloch, C. J.

This is an action at law to recover the amount of a promissory note alleged to have been executed by appellee to cover the premium on a life insurance policy. Appellant T. D. Carrigan was the soliciting agent of the ¿Bankers’ Reserve Life Company of Omaha, Neb., a life insurance company, and he, in connection with his coappellant, A. C. Kennedy, solicited and obtained from appellee an application for a policy of life insurance on appellee’s life in the sum of ten thousand dollars. The premium on the policy was $326.10 and the note sued on is alleged to have been executed by appellee to…

2Cases cited2 opinions

  1. Remmel v. GriffinSupreme Court of Arkansas · 1907
  2. Smith v. SmithSupreme Court of Arkansas · 1908

3Cited by14 opinions

  1. Sterling Drug, Inc. v. OxfordSupreme Court of Arkansas · 1988
  2. Long v. Home Indemnity Co. of New YorkLouisiana Court of Appeal · 1936
  3. Distributing Corp. v. . Indemnity Co.Supreme Court of North Carolina · 1944
  4. Elk Corp. of Arkansas v. JacksonSupreme Court of Arkansas · 1987
  5. State Distributing Corp. v. Travelers Indemnity Co.Supreme Court of North Carolina · 1944

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