Legal Opinion

Security Life Insurance Co. of America v. Bates

Supreme Court of Arkansas

Decided June 7, 1920PublishedCited by 11 opinions

Appeal from Yell Circuit Court, Dardanelle District; A. B. Priddy, Judge; STATEMENT OR RAOTS. Amos B. Bates,' administrator of the estate of Alvin S. Bates, sued the Security Life Insurance Company of America to recover on a policy of life insurance for $2,000. The company defended on the ground that the policy had been forfeited because the insured had not complied with the War Clause contained in it.

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Appeal from Yell Circuit Court, Dardanelle District; A. B. Priddy, Judge; STATEMENT OR RAOTS. Amos B. Bates,' administrator of the estate of Alvin S. Bates, sued the Security Life Insurance Company of America to recover on a policy of life insurance for $2,000. The company defended on the ground that the policy had been forfeited because the insured had not complied with the War Clause contained in it. On the 27th day of August, 1917, the Security Life Insurance Company of America issued a life insurance policy to Alvin S. Bates for $2,000, payable to the insured’s administrators, executors…

1Opinion of the CourtHart, J.

(after stating the facts). Where both parties ash for a peremptory instruction and do nothing more, they assume the facts to be undisputed, and in effect submit to the trial court the determination of the inferences to be drawn from them. St. L., I. M. & S. Ry. Co. v. Ingram, 118 Ark. 388.

In the case at bar each party asked the court for a peremptory instruction and requested no other instruction. This then amounted to a submission of the cause to the court sitting as a jury, and in reviewing the action of the trial court we are limited to a consideration of the correctness of the finding on…

2Cases cited4 opinions

  1. Sovereign Camp Woodmen of the World v. NewsomSupreme Court of Arkansas · 1920
  2. Oak Leaf Mill Co. v. CooperSupreme Court of Arkansas · 1912
  3. Brown v. BrownSupreme Court of Arkansas · 1910
  4. New York Life Insurance v. AllenSupreme Court of Arkansas · 1920

3Cited by11 opinions

  1. Tiblier v. PerezCourt of Appeals of Texas · 1925
  2. Phillips v. GravesSupreme Court of Arkansas · 1952
  3. Oil City Iron Works v. BradleySupreme Court of Arkansas · 1926
  4. Equitable Life Assurance Society of United States v. MittelhauserSupreme Court of Florida · 1937
  5. Oregon Short Line Railroad v. Mountain States Telephone & Telegraph Co.Idaho Supreme Court · 1925

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