Metropolitan Life Insurance Company v. Shane
Supreme Court of Arkansas
Appeal from Clay Circuit Court,' Eastern District; Frank Smith, Judge; The insured made false answers as to his habits of drinking, and that avoids the policy. 58 Ark. 528; 71 Ark. 295; 72 Ark. 620; 74 Ark. 1; 62 L. R. A. 774; 134 111. App. 464; 35 A’tl. 179; 81 N. W. 807. The right to open and close is not one of discretion under the law. Elliott, App.
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Appeal from Clay Circuit Court,' Eastern District; Frank Smith, Judge; The insured made false answers as to his habits of drinking, and that avoids the policy. 58 Ark. 528; 71 Ark. 295; 72 Ark. 620; 74 Ark. 1; 62 L. R. A. 774; 134 111. App. 464; 35 A’tl. 179; 81 N. W. 807. The right to open and close is not one of discretion under the law. Elliott, App. Prac. § 671; Thompson on Trials, vol. 1, § 231; 59 Ark. 140. The beneficiary took a vested interest in the policy as soon as it was issued. 31 L. R. A. 67. The ability to distinguish right from wrong is the test as to whether one is liable for…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by D. M. Shane as administrator of the estate of L. V. Shane, deceased, to recover upon a policy of insurance -issued upon the life of said decedent. The policy was executed on July 29, 1909, and the wife of the insured, Louisiana Shane, was named as beneficiary therein. The insured was killed on August 29, 1909, by his said wife, who thereupon committed suicide. The suit was instituted against the Metropolitan Life Insurance Company, which issued the -policy, and also against Z. B. Harrison, the administrator of the estate of said Louisiana Shane; and in the…
2Cases cited8 opinions
- New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
- Franklin Life Insurance v. GalliganSupreme Court of Arkansas · 1903
- New York Life Insurance v. DavisSupreme Court of Virginia · 1899
- Insurance Company v. FoleySupreme Court of the United States · 1882
- Northwestern Life Insurance v. Muskegon BankSupreme Court of the United States · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Slocum v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1923
- Bell v. StateSupreme Court of Arkansas · 1915
- Carter v. CarterSupreme Court of Florida · 1956
- Aluminum Co. of America v. HenningSupreme Court of Arkansas · 1976
- Smith v. ToddSupreme Court of South Carolina · 1930
36 more not listed; retrieve them via the Exa API.