Matthews v. Continental Casualty Co.
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Joel D. Conway, Judge; The law does not recognize fractions of days. The contracted liability of the company was to run one year from 12 o’clock noon, December 11, 1902, and the contract being silent as to the exact moment of time when it should cease, the whole of the day of December 11, 1903, must be counted. 1 Biddle on Ins. § § 591, 592 and foot-notes; May on Ins.
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Appeal from Miller Circuit Court; Joel D. Conway, Judge; The law does not recognize fractions of days. The contracted liability of the company was to run one year from 12 o’clock noon, December 11, 1902, and the contract being silent as to the exact moment of time when it should cease, the whole of the day of December 11, 1903, must be counted. 1 Biddle on Ins. § § 591, 592 and foot-notes; May on Ins. (2 Ed.), § § 400, 401. When a policy expresses liability to run from a given date, the first day of the date of the policy is excluded. 167 Mass. 188; 89 Mass. 487; 1 Q. B. 402; Kirby’s Digest,…
1Opinion of the CourtBattle, J.
On April 11, r.904, the appellant filed her complaint, which alleges:
“That at the date of the accident hereinafter complained of the said plaintiff and her deceased husband, Ivan I. Matthews, were citizens of Miller County, Arkansas, and the defendant company was and is an incorporated accident insurance company, incorporated under the laws of the State of Indiana.
“That on the nth day of December, 1902, while the relation of husband and wife existed between this plaintiff and the said Ivan I. Matthew's, her said husband, he took out a policy of accident insurance in -and with the said…
2Cited by12 opinions
- National Security Life & Casualty Co. v. DavisTexas Supreme Court · 1953
- Richardson v. American Nat. Ins. Co.Louisiana Court of Appeal · 1931
- Pierce v. Homesteaders Life Ass'nSupreme Court of Iowa · 1937
- Donaldson v. Natl. Life & Accident Ins. Co.Court of Appeals of Texas · 1932
- Dean v. Union National Fire Insurance CompanyLouisiana Court of Appeal · 1974
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