New York Life Insurance v. Mason
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Chickasawba District; B. H. Dudley, Judge; The court erred in refusing to instruct that Sunday contracts are void unless subsequently ratified. 29 Ark. 387; 106 Ark. 568.' The court also erred in refusing to charge that the retention of the policy by appellants agent on Monday would not be a ratification of a Sunday contract, and in giving an instruction to the contrary.
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Appeal from Mississippi Circuit Court, Chickasawba District; B. H. Dudley, Judge; The court erred in refusing to instruct that Sunday contracts are void unless subsequently ratified. 29 Ark. 387; 106 Ark. 568.' The court also erred in refusing to charge that the retention of the policy by appellants agent on Monday would not be a ratification of a Sunday contract, and in giving an instruction to the contrary. The premium was paid. 94 Ark. 578. The mailing of the policy of insurance to its agent. Humphries constituted a delivery. 97 Ark. 229; 129 Ark. 137; 116 Ala. 659; 67 Am. St. Repts. 154;…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted to recover on a life insurance policy alleged to have been issued by defendant, New York Life Insurance Company, insuring the life of Frank B. Mason in the sum of $5,000, and for double that amount if death should result directly and independently of all other causes from bodily injury effected solely through external, violent and accidental cause. The policy is alleged to have been made payable to Ruth Mason, wife of the assured, and the suit was brought in her name. She recovered judgment below, and since the appeal was prosecuted to this court she died and the…
2Cases cited5 opinions
- Tucker v. WestSupreme Court of Arkansas · 1874
- National Life Ass'n v. SpeerSupreme Court of Arkansas · 1914
- Heller v. CrawfordIndiana Supreme Court · 1871
- Missouri State Life Insurance v. BurtonSupreme Court of Arkansas · 1917
- Planters Fire Insurance v. FordSupreme Court of Arkansas · 1913
3Cited by13 opinions
- n.sidney Nyhus v. Travel Management CorporationCourt of Appeals for the D.C. Circuit · 1972
- State v. McHorseNew Mexico Court of Appeals · 1973
- Cooley v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1929
- Morford v. California Western States Life InsuranceOregon Supreme Court · 1941
- Smith v. Rio Grande Nat. Life Ins. Co.Court of Appeals of Texas · 1950
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