Gray v. Blackwood
Supreme Court of Arkansas
Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; When the plaintiff showed that the defendant applied for the policies, showed the amount of the premiums, the policies themselves and a delivery thereof to the assured and her retention of them until the institution of this suit, he made out a prima facie case which shifted the burden to the defendant to show that she did not accept the policies, and the burden was not on the plaintiff to show that she did accept…
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Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; When the plaintiff showed that the defendant applied for the policies, showed the amount of the premiums, the policies themselves and a delivery thereof to the assured and her retention of them until the institution of this suit, he made out a prima facie case which shifted the burden to the defendant to show that she did not accept the policies, and the burden was not on the plaintiff to show that she did accept them. 33 Ark: 600; 57 Ark. 251-256; 72 Ark. 572; 77 Ark. 351; 108 Ark. 415. Appellee’s acts and conduct, as appears by…
1Opinion of the CourtHart, J.
This suit was first brought by J. L. Gray against Mary J. Blackwood to recover on a promissory note alleged to have been executed by the latter for a policy of insurance. The record does not show the date on which the suit was commenced, hut it does show that on April 20, T912, the defendant filed an answer, in which she denied that she executed the note sued on. Subsequently the plaintiff filed a substituted complaint, in which he stated that the Texas Life Insurance Company had issued to Mary J. Blackwood two insurance policies on her life, which she accepted; that the premium on said…
2Cases cited6 opinions
- Gray v. StoneSupreme Court of Arkansas · 1912
- Mutual Life Insurance v. ParrishSupreme Court of Arkansas · 1899
- Ellis v. TerrellSupreme Court of Arkansas · 1913
- Smith v. SmithSupreme Court of Arkansas · 1908
- Planters Fire Insurance v. FordSupreme Court of Arkansas · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Quattlebaum v. the Simmons National Bank, Admr.Supreme Court of Arkansas · 1945
- Inter-Southern Life Insurance v. HolzhauerSupreme Court of Arkansas · 1928
- Fire Assn. of Philadelphia v. BondsSupreme Court of Arkansas · 1926
- Gray v. BlackwoodSupreme Court of Arkansas · 1915