New York Life Insurance v. Allen
Supreme Court of Arkansas
Appeal from Drew Circuit Court; Turner Butler, Judge; STATEMENT OF FACTS. Appellee sued appellant to recover on a policy of life insurance for $8,449 issued by appellant to J. L. Allen and payable at his death to his legal representative. Appellant denied liability on the ground that the policy was not in force at the date of Allen’s death because under its terms it had been forfeited for the nonpayment of the premiums during the lifetime of Allen.
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Appeal from Drew Circuit Court; Turner Butler, Judge; STATEMENT OF FACTS. Appellee sued appellant to recover on a policy of life insurance for $8,449 issued by appellant to J. L. Allen and payable at his death to his legal representative. Appellant denied liability on the ground that the policy was not in force at the date of Allen’s death because under its terms it had been forfeited for the nonpayment of the premiums during the lifetime of Allen. The facts, briefly stated, are as follows: Appellant issued a life insurance policy to J. L. Allen for $8,449 payable to his legal representative.…
1Opinion of the CourtHart, J.
(after stating the facts). The issue raised by the appeal is whether or not there is any evidence of a substantial character to support the finding of the court that the bank at Monticello was authorized by appellant to collect the blue note of Allen and that payment was in fact made by Allen to it.
Conley was a witness for appellant. According to his testimony, the blue note was payable at the Bank of Commerce, Little Eock, Arkansas. He had nothing to do with the collection of the blue notes other than putting them into the bank where they were payable; but he could accept payment when they…
2Cases cited1 opinion
- Craighead v. . PetersonNew York Court of Appeals · 1878
3Cited by8 opinions
- Robnett v. Cotton States Life InsuranceSupreme Court of Arkansas · 1921
- Security Life Insurance Co. of America v. BatesSupreme Court of Arkansas · 1920
- Walden v. FallisSupreme Court of Arkansas · 1926
- Illinois Bankers' Life Ass'n v. DowdySupreme Court of Arkansas · 1921
- Mays v. BarnettSupreme Court of Arkansas · 1921
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