Legal Opinion

Acacia Mutual Life Ass'n v. Berry

Arizona Supreme Court

Decided October 16, 1939No. Civil No. 4066PublishedCited by 6 opinions

1Opinion of the CourtLockwood, J.

— Newton John Berry, hereinafter called plaintiff, brought suit against Acacia Mutual Life Association, a corporation, hereinafter called defendant, seeking to recover on a certain insurance policy. The defendant demurred on the ground that the complaint did not state a cause of action, and the demurrer being sustained and plaintiff electing to stand on the complaint, judgment was entered for defendant, whereupon plaintiff appealed. We reversed the case, stating that the complaint set up a good cause of action as against the defendant, and remanded it to the trial court with instructions to…

2Cases cited9 opinions

  1. Unterharnscheidt v. Missouri State Life InsuranceSupreme Court of Iowa · 1912
  2. State Ex Rel. La Prade v. SmithArizona Supreme Court · 1934
  3. State v. MilesCourt of Appeals of Arizona · 2005
  4. State Ex Rel. La Prade v. SmithArizona Supreme Court · 1934
  5. Berry v. Acacia Mutual Life Assn.Arizona Supreme Court · 1937

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3Cited by6 opinions

  1. Roscoe v. Bankers Life Ins. Co. of NebraskaCourt of Appeals of Arizona · 1974
  2. Republic National Life Insurance v. MerkleyArizona Supreme Court · 1942
  3. Pawelczyk v. Allied Life InsuranceCourt of Appeals of Arizona · 1978
  4. Mid-Continent Life Ins. Co. v. DeesSupreme Court of Oklahoma · 1954
  5. Mid-Continent Life Ins. Co. v. DeesSupreme Court of Oklahoma · 1954

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