United States Annuity & Life Insurance v. Peak
Supreme Court of Arkansas
Appeal from Chicot Circuit Court; Turner Butler, Judge; 1. This is the second appeal in this case. 123 Ark. 58; 122 Id. 58. The law was settled there and the testimony the same. 10 Ark. 186; 13 Id. 103;' 14 Id. 515, 523-4; 44 Id. 383; 92 Id. 554; 123 S. W. 376; 99 Ark. 648; 97 Id. 147; 99 Id. 137; 102 Id. 547; 103 Id. 196; 107 Id. 310; 112 Id. 310; 120 Ark. 61. 2. There is no new element in this case — the facts are the same practically. 3, .The court, in its former, opinion…
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Appeal from Chicot Circuit Court; Turner Butler, Judge; 1. This is the second appeal in this case. 123 Ark. 58; 122 Id. 58. The law was settled there and the testimony the same. 10 Ark. 186; 13 Id. 103;' 14 Id. 515, 523-4; 44 Id. 383; 92 Id. 554; 123 S. W. 376; 99 Ark. 648; 97 Id. 147; 99 Id. 137; 102 Id. 547; 103 Id. 196; 107 Id. 310; 112 Id. 310; 120 Ark. 61. 2. There is no new element in this case — the facts are the same practically. 3, .The court, in its former, opinion has gone to the extreme length possible under: the authorities favorable to plaintiff. 1 Elliott on Contracts, § 125;…
1Opinion of the CourtWood, J.
This is the second appeal in this case. The opinion on the first appeal is reported in volume 122, page 58, of the Arkansas Reports, where the facts as developed at the former trial are stated as follows:
“Appellee sued appellant to recover on a life insurance policy. The appellant is a life insurance company organized under the laws of the State of Illinois, and is authorized to transact business in the State of Arkansas. On August 14, 1913, Robert F. Peak of Readland, Arkansas, made application in writing to appellant for a policy of life insurance in the sum of $5,000, payable to his wife,…
2Cases cited3 opinions
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