Metropolitan Life Insurance v. Moore
Court of Appeals of Kentucky
Case 76 — 'Action by Annie M. Moose against Metbopolitan Life Ins. Co, upon a Policy on the Life of Abram R. Moobe fob Heb Benefit. APPEAL FROM HOPKINS CIRCUIT COURT. Judgment for Plaintiff. Defendant Appeals. PROPOSITIONS AND AUTHORITIES.
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Case 76 — 'Action by Annie M. Moose against Metbopolitan Life Ins. Co, upon a Policy on the Life of Abram R. Moobe fob Heb Benefit. APPEAL FROM HOPKINS CIRCUIT COURT. Judgment for Plaintiff. Defendant Appeals. PROPOSITIONS AND AUTHORITIES. The only question on appellant’s appeal arises as follows: 1. Issues presented in pleadings were not tried hy court. 2. Judgment was given on face of pleadings for plaintiff, while the defense that the breach of a condition precedent to the right to recover was still an issue and untried. ■ 3. 'Where a policy of life insurance provides that the obligation…
1Opinion of the Court
Opinion of the court by
JUDGE PAYNTER
Affirming.
This appeal brings in review the judgment of the court *653on a policy for $5,000 on the life of Abram R. Moore for the benefit of the appellee, Annie M. Moore. The policy did not have attached to it a correct copy of the application as signed by the applicant, and, not being so attached, section 679, Ky. St., 1903, declares that it shall not be received as evidence in any controversy between the parties to or interested in the policy, and shall not be considered a part of the policy or of the contract between such parties. Provident Assurance Society…
2Cases cited3 opinions
- Provident Sav. Life Assur. So. v. Puryear's Admr.Court of Appeals of Kentucky · 1900
- Manhattan Life Ins. v. MyersCourt of Appeals of Kentucky · 1900
- Supreme Commandery of the United Order of the Golden Cross of the World v. HughesCourt of Appeals of Kentucky · 1902
3Cited by25 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Unterharnscheidt v. Missouri State Life InsuranceSupreme Court of Iowa · 1912
- Prudential Insurance Co. of America v. KudobaSupreme Court of Pennsylvania · 1936
- Priest v. Kansas City Life InsuranceSupreme Court of Kansas · 1924
- Seaback v. Metropolitan Life InsuranceIllinois Supreme Court · 1916
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