Gray v. Blackwood
Supreme Court of Arkansas
Appeal from Howard 'Circuit Court; Jefferson T. Cowling, Judge; 1. Defendant applied for the policies; they were delivered to her at her request .and she retained them.
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Appeal from Howard 'Circuit Court; Jefferson T. Cowling, Judge; 1. Defendant applied for the policies; they were delivered to her at her request .and she retained them. An acceptance is presumed. 86 Ark. 284; 89 Id. 416; 106 Id. 568; 102 Id. 146, 151. 2. Courts in (charging juries should not express or intimate 'an opinion as to controverted facts. 51 Ark. 148; 94 Id. 566; 68 Id. 39-68; 75 Id. 273-5; 47 Id. 269-287; 80 Id. 167. 3. One who retains a policy will be deemed to have accepted it and can no.t avoid liability for the premium. 39 Ark. L. R. 431.
1Opinion of the CourtMcCulloch, C. J.
Appellant instituted this action in the .circuit court of Howard County to recover the premium alleged to be due on two policies of insurance on the life of appellee issued to her by the Texas Life Insurance Company of Waco, Texas. Plaintiff was the soliciting agent of the insurance company and he claims that appellee made a written application through him to the company for the policies, and that he subsequently delivered the policies to her when the same were forwarded to -him by the company for delivery.
Appellee denied that she applied for the policies of insurance or that she ever…
2Cases cited1 opinion
- Gray v. BlackwoodSupreme Court of Arkansas · 1914
3Cited by1 opinion
- Inter-Southern Life Insurance v. HolzhauerSupreme Court of Arkansas · 1928