Cain v. Union Central Life Insurance
Court of Appeals of Kentucky
Case 7. — ACTION BY SALLIE CAIN AGAINST THE UNION CENTRAL LIFE INSURANCE COMPANY ON A CONTRACT OF LIFE INSURANCE. — Appeal from Franklin Circuit Court. Judgment for defendant. Plaintiff appeals. Bobert L. Stout, Circuit Judge. POINTS AND AUTHORITIES. 1. A plea of limitation is a plea to the remedy and not to the merits. (Smart v. Baugh, 3 J. J. M., 364; Bulger v. Roche, 11 Pick.
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Case 7. — ACTION BY SALLIE CAIN AGAINST THE UNION CENTRAL LIFE INSURANCE COMPANY ON A CONTRACT OF LIFE INSURANCE. — Appeal from Franklin Circuit Court. Judgment for defendant. Plaintiff appeals. Bobert L. Stout, Circuit Judge. POINTS AND AUTHORITIES. 1. A plea of limitation is a plea to the remedy and not to the merits. (Smart v. Baugh, 3 J. J. M., 364; Bulger v. Roche, 11 Pick. (Mass.) 36; Thayer v. Mann. 19 Tick., 635; Rrigham v. Bigelow, 12 Met., 268; Putnam v. Dike, 13 Gray, 535; Hancock v. Ins. Co., 114 Mass., 155; Shaw v. Silloway, 145 Mass., 503:; Jackson v. Holbrook, 36 Minn., 494;…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Affirming.
On March 6, 1899, appellant Sallie Cain, who was then Sallie Lee, . instituted an action in the Franklin circuit court against the appellee, the Hnion Central Life Insurance Company, on a contract of insnrancé made on September 24, 1894, whereby, as she alleged, the life of J. T. Lee was insured in the sum of $2,000 for her benefit. The defendant answered, pleading, among other things, a .contract limitation of one year in bar of the action. She replied to the answer. The circuit court sustained a demurrer to so much of her reply as related to the…
2Cases cited4 opinions
- Union Central Life Ins. v. SpinksCourt of Appeals of Kentucky · 1904
- Francis v. WoodCourt of Appeals of Kentucky · 1883
- Price v. BonnifieldWyoming Supreme Court · 1879
- People ex rel. Best v. PrestonNew York Supreme Court · 1891
3Cited by16 opinions
- Brennan v. JonesMontana Supreme Court · 1936
- Griffin v. GriffinSupreme Court of Virginia · 1945
- Gimbert v. Norfolk Southern RailroadSupreme Court of Virginia · 1929
- Stone v. WinnCourt of Appeals of Kentucky · 1915
- Brunner v. CookSupreme Court of Virginia · 1922
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