Eminent Household v. Matlock
Supreme Court of Arkansas
Appeal from Dallas Circuit Court; Turner Butler, Judge; 1. The policy was void ah initio because of false warranties and material misrepresentations. 58 Ark, 528; 72 Id. 620; 84 Id., Fid. Ins. Go. y. Beck; 90 Ark. 264; 96 Id. 499; 104 Id. 538; 120 Id. 605; 135 Id. 65. 2. The case should be reversed for a new trial. It was positively proved and undisputed that Doctor Mat-lock was a continuous user of intoxicating liquors.
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Appeal from Dallas Circuit Court; Turner Butler, Judge; 1. The policy was void ah initio because of false warranties and material misrepresentations. 58 Ark, 528; 72 Id. 620; 84 Id., Fid. Ins. Go. y. Beck; 90 Ark. 264; 96 Id. 499; 104 Id. 538; 120 Id. 605; 135 Id. 65. 2. The case should be reversed for a new trial. It was positively proved and undisputed that Doctor Mat-lock was a continuous user of intoxicating liquors. It was error to exclude the coroner’s verdict; it was competent evidence for the jury. 93 Ark. 209 ; 92 N. W. 1104; 181 U. S. 49; 126 Ark. 483; 113 S. W. 695; 141 Id. 936;…
1Opinion of the CourtSmith, J.
This is an action by appellee, as guardian and next friend of her infant children, against appellant, for a sum alleged to be due on a policy of insurance for $2,000, issued on the life of Dr. Matlock, the father of said children. Payment of said policy is resisted upon the grounds, that Dr. Matlock, the insured, had made false representations in regard to the use of intoxicating liquors when he obtained the policy sued on, and had become intemperate in the use of intoxicating liquors; and liability in any event in a greater sum than $400 is denied under a clause of the policy reading as…
2Cases cited5 opinions
- Grand Lodge of Ancient Order of United Workmen v. BanisterSupreme Court of Arkansas · 1906
- Aetna Life Insurance v. TaylorSupreme Court of Arkansas · 1917
- American National Insurance v. WhiteSupreme Court of Arkansas · 1916
- Supreme Lodge Knights of Pythias v. DavisSupreme Court of Arkansas · 1909
- Aetna Life Insurance v. WepferSupreme Court of Arkansas · 1918
3Cited by4 opinions
- Guardian Life Insurance v. DixonSupreme Court of Arkansas · 1922
- Fidelity Mutual Life Insurance v. WilsonSupreme Court of Arkansas · 1928
- Ancient Order of United Workmen v. DuensingSupreme Court of Arkansas · 1936
- Mott v. Sovereign Camp Woodmen of the WorldSupreme Court of Arkansas · 1922