Smith v. Smith
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court; Bdzvard D. Robertson, Chancellor; 1. D. A. Smith signed the amended application and is chargeable, as a matter of law, with knowledge of the contents of the policy, whether he read it or not. 105 S. W. 881; 91 U. S. 50; 71 S. W. 946; 87 Fed. 66. 2. There was a complete ratification by Smith.
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Appeal from Mississippi Chancery Court; Bdzvard D. Robertson, Chancellor; 1. D. A. Smith signed the amended application and is chargeable, as a matter of law, with knowledge of the contents of the policy, whether he read it or not. 105 S. W. 881; 91 U. S. 50; 71 S. W. 946; 87 Fed. 66. 2. There was a complete ratification by Smith. He received the policy; it was his duty to accept or reject within a reasonable time; having failed to speak, he thereby signified his ’election to accept. 99 S. W. 71. There is ample evidence to support the decree. Appellee never saw the amended application, and…
1Opinion of the CourtMcCulloch, J.
Appellee, D. A. Smith, made applicátion on September 14, 1903, to the New York Life Insurance Company, through appellants, Smith & Scivally, its soliciting agents, for a policy of insurance on his life, and executed to appellants his two promissory notes, each for the sum of $276.75 payable on November 1, 1903 and January 1, 1904, respectively, for the first annual premium on t'he policy. He paid the first note at maturity, and in May, 1904, judgment was rendered against him in the circuit court of Mississippi County in favor of appellants on the other note, and that judgment remains…
2Cases cited1 opinion
- Remmel v. GriffinSupreme Court of Arkansas · 1907
3Cited by7 opinions
- Carrigan v. NicholsSupreme Court of Arkansas · 1921
- Inter-Southern Life Insurance v. HolzhauerSupreme Court of Arkansas · 1928
- Ribble v. RobertsCourt of Appeals of Texas · 1915
- People's Savings Bank v. RainesSupreme Court of Arkansas · 1928
- Gray v. BlackwoodSupreme Court of Arkansas · 1914
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