Epperson v. New York Life Insurance
Court of Appeals of Kansas
Appeal from Adair Circuit Court. — Hon. Nat M. Shelton, Judge. (1) If a statute is so uncertain or so muddy as not to be of any judicial certainty, it will be held void. State v. Railroad, 146 Mo. 155. (2) Tbe clerk’s “amplified” bill of exceptions is of no force — does not help tbe appellant. Tbe clerk can not act outside of tbe statute.
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Appeal from Adair Circuit Court. — Hon. Nat M. Shelton, Judge. (1) If a statute is so uncertain or so muddy as not to be of any judicial certainty, it will be held void. State v. Railroad, 146 Mo. 155. (2) Tbe clerk’s “amplified” bill of exceptions is of no force — does not help tbe appellant. Tbe clerk can not act outside of tbe statute. (3) Tbe record shows that neither appellant nor respondent offered tbe application, and that appellant voluntarily erased such offer from his bill. (4) Appellant might have insisted upon reading tbe application along with tbe policy. Having failed to do so…
1Opinion of the CourtEllison, J.
This action is based on a policy of life insurance issued to plaintiff’s deceased husband in his lifetime by defendant, an insurance company organized in the State of New York. Judgment was rendered in the trial court for plaintiff. The contest between the parties results from conflicting construction of the Laws of 1895, p. 197, repealing section 5859, Revised Statutes, 1889, and substituting a new section designated by the same number.
It appears that the deceased, after paying two annual premiums, defaulted on the third and died with that premium unpaid. By the terms of section 5856,…
2Cases cited1 opinion
- Greer v. StateTexas Supreme Court · 1858
3Cited by5 opinions
- Nichols v. Mutual Life InsuranceSupreme Court of Missouri · 1903
- Myers v. FortunatoCourt of Chancery of Delaware · 1922
- Newbill v. Union Indemnity Co.Missouri Court of Appeals · 1933
- Alford v. New York Life InsuranceSupreme Court of Missouri · 1919
- Cooke v. CookeSupreme Court of North Carolina · 1913