Howe's Exr. v. Griffin's Admr.
Court of Appeals of Kentucky
CASE 44. — ACTION BY MORRIS GRIFFIN’S ADMINISTRATOR AGAINST G. W. HOWE’S EXECUTOR TO RECOVER THE PROCEEDS OF A LIFE INSURANCE POLICY.— Appeal from Montgomery Circuit Court. A. W. Young, Circuit Judge. Judgment for plaintiff, defendant appeals. — POINTS AND AUTHORITIES. 1. The petition should have been dismissed; the secondary affidavit demanded by Sec. 3870 of the Statutes, was insufficient because: a.
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CASE 44. — ACTION BY MORRIS GRIFFIN’S ADMINISTRATOR AGAINST G. W. HOWE’S EXECUTOR TO RECOVER THE PROCEEDS OF A LIFE INSURANCE POLICY.— Appeal from Montgomery Circuit Court. A. W. Young, Circuit Judge. Judgment for plaintiff, defendant appeals. — POINTS AND AUTHORITIES. 1. The petition should have been dismissed; the secondary affidavit demanded by Sec. 3870 of the Statutes, was insufficient because: a. The affiant does not disclose any knowledge of the facts: Dewhurst v. Shepherd’s exor., 102 Ky., 239. b. The affidavit was made by an attorney for the plaintiff, employed under a “graduated…
1Opinion of the Court
Opinion op the Court by
Wm. Rogers Clay, Commissioner
Reversing.
This is an action by John Hays, as administrator of Morris Griffin, deceased, appellee against John G. Winn, executor of C. W. Howe, appellant, to recover the proceeds of a policy of insurance for $9,500. which was issued upon the life of Morris Griffin by the Equitable Life Assurance Society and made payable to Howe & Johnson, a firm composed of J. G. Johnson and C. W. Howe.
The petition alleges that on the--- day of April, 1893, Morris Griffin made a written application to the Equitable Life Assurance Society for a policy of…
2Cases cited5 opinions
- Coppell v. HallSupreme Court of the United States · 1869
- Bromley's Admr. v. Washington Life Ins.Court of Appeals of Kentucky · 1906
- Anderson's Adm'r v. MeridethCourt of Appeals of Kentucky · 1885
- Chapman v. HaleyCourt of Appeals of Kentucky · 1904
- Griffin's Admr. v. Equitable Assurance SocietyCourt of Appeals of Kentucky · 1905
3Cited by8 opinions
- Commercial Security Co. v. ArcherCourt of Appeals of Kentucky · 1918
- Lewer v. CorneliusWashington Supreme Court · 1913
- Johnson v. Equitable Life Assurance Society, U. S.Court of Appeals of Kentucky · 1910
- Mounts v. CharlesCourt of Appeals of Kentucky · 1920
- American Manufacturing Co. v. Crittenden Record-PressCourt of Appeals of Kentucky · 1915
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