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308 (5) (Mo.) Where defendants were both
HUSBAND AND WIFE. armed when arrested and searched, that gun of one
was so concealed that the officer did See Adultery; Divorce, Om 322; Dower; Exnot find it, and that such defendant, while ecutors and Administrators, em 182; Fraudofficer turned aside, shot him, and both es ulent Conveyances, 93; Marriage; l'arcaped, there was no basis for instruction on tition, Ow12. murder in second degree.-State v. Lewis, 201 S. W. 80.
I. MUTUAL RIGHTS, DUTIES, AND ww309 (3) (Tex.Cr.App.) Where accused and
LIABILITIES. deceased met in the forenoon and had a diffi- Ow3(1) (Mo.App.) The husband may fix the culty about deceased's having sent accused's matrimonial residence without the wife's agreewife an insulting letter, mere fact that accused ment thereto, and she is bound to follow him if was not then prepared to kill deceased, but did his action is bona fide, and the law presumes kill him on the next meeting did not justify that the husband's domicile is that of the wife. charge on manslaughter.--Adler v. State, 201 -Ware v. Flory, 201 S. W. 593. S. W. 177.
ww9 (Mo.) Where the wife at marriag? was Oma 309(6) (Ky.) In prosecution for murder, seised of an estate of inheritance in land, the evidence held to justify instructions on man- husband, at common law, became seised of the slaughter.-Leadingham y. Commonwealth, 201 freehold' jure uxoris, and took the rents and S. W. 500.
profits during their joint lives on the theory 310(2) (Mo.) In prosecution under Rev. of the unity of husband and wife.--Otto F. St. 1909. § 4481, defining assault with intent Stifel's Union Brewing Co. v. Saxy, 201 S. W. to kill in absence of instructions relating to 67. lesser included offenses, no conviction can be eno 10(1) (Mo.) At common law the wife's sustained in absence of showing intent to kill, money and chattels in possession passed by though sections 1903, 4904, provide for con the marital right to the husband. -Otto F. viction of lesser included offenses.-State v. Stifel's Union Brewing Co. v. Saxy, 201 S. Kester, 201 S. W. 62.
Om 14(2) (Mo.) At common law an estate by
the entirety partook in many respects of the ww325 (Tex.Cr.App.) In prosecution for mur nature of the marriage relation, and husband der with a weapon not per se deadly, failure and wife to whom a fee was conveyed took to charge that intent to kill could not be pre- and held it not as separate individuals and by sumed from the use of the weapon was an moieties, but as one person each holding the omission not reviewable in the absence of spe whole of it.--Otto F. Stifel's Union Brewing cific exception or of request for and refusal of Co. v. Saxy, 201 S. W. 67. the charge.-Lowe v. State, 201 S. W. 986.
To an estate by the entirety at common law, Cw332(3) (Tex.Cr.App.) In prosecution for the right of survivorship was an incident difmurder, where the testimony conflicted, and fering from the right of survivorship as bethat as to self-defense might have warranted tween the joint tenants in that the survivor acquittal, the jury's verdict convicting accused succeeds to the whole by virtue of the grant could not be set aside.-Watson v. State, 201 | vesting the entire estate.-Id. S. W. 988.
Om 14(2) (Mo.) Estate by entireties is creat332(3) (Tex.Cr.App.) There being evi-ed by conveyance to husband and wife by deed dence supporting theory of murder, court on in usual form.-Ashbaugh v. Ashbaugh, 201 S. appeal is not authorized to determine its truth, W. 72. though evidence as to incidents of tragedy is Deed to husband and wife held to create esconflicting and part of it tends to show man tate by entireties though in the premises it reslaughter.-Hamilton v. State, 201 S. W. 1009. ferred to the grantees by name, followed by Em336 (Ark.) One accused of murder held words, each an undivided one-half interest. not prejudiced by interruption of argument by
-Id. deceased's wife and child, where court immer 14(2) (Mo.) Evidence held to show that de. diately instructed the jury not to consider such fendant and wife made an oral agreement, each occurrence.--McCain v. State, 201 S. W. 840. to put his land in an estate by the entireties ww338(2) (Tex. Cr. App.) Where objection for the benefit of both, and that such agreewas to remoteness of evidence of threats, and ment was upon valuable consideration.-McCune fact of reconciliation is not made clear by rec v. Graves, 201 S. W. 894. ord. assignment that court erred in overruling
Where a wife owned land, and agreed that if objection will not be sustained.-Hamilton v. her husband would purchase other land, taking State, 201 S. W. 1009.
it by the entireties with her, she would make 338(3) (Ky.) Error in admitting a state and the deed to the new land erroneously de
him a tenant by the entireties in her own land, ment as a dying declaration is harmless, it not differing in any material respect from evidence wife's death, the husband became the sole own
scribed it and was later corrected after the given by eyewitnesses.--Parker v. Commonwealth, 201 S. W. 475.
er of both pieces.-Id. Om 339 (Ark.) In prosecution for murder, no! 4(7) (Mo.) In determining intention of where accused had shown deceased's reputation parties to deed conveying land to husb.ind and and character as troublesome, quarrelsome, and wife, to settle whether instrument created tendangerous man at time of killing, there was no
ancy in common or estate by entireties, intenprejudice in excluding testimony that such was
tion of parties being controlling, effect must his character 12 or 14 years prior to killing.-
be given usual and ordinary meaning attachMcCain v. State, 201 S. W. 810.
ed to language used, and cannot be said to be
made different by random phrases inserted by Om 340(1) Ky.) Where evidence justified in
ignorant scrivener. -Ashbaugh v. Ashbaugh, ference that accused and another formed a con
201 S. W. 72. spiracy to kill deceased, submission of conspiracy as to accused and other persons aside
en 14(8) (Mo.) The married woman's act from his codefendant was not ground for re
operates to destroy the husband's ius mariti versal as to accused.-Leadingham v. Common
without affecting in any other way the estates
granted to the wife alone or to the husband wealth, 201 S. W. 500.
and wife as tenants by the entireties.--Otto F.
Stifel's Union Brewing Co. v. Saxy, 201 S. HUMANITARIAN DOCTRINE. W. 67.
Ca 1418) (Mo.) In view of Rev. St. 1909, $ See Railroads, Ow390, 100; Street Railroads. 1 2878, allowing conveyances to husband and wife
For cases in Dec. Dig. & Am. Dig. Key No, Series & Indexes see same topic and KEY-NUMBER
to retain common-law effect, married women's HYPOTHETICAL QUESTIONS. acts (Rev. St. 1909, $8 8304, 8307-8309) have not changed common-law rule recognizing doc- See Evidence, w553. trine of estate by entireties in husband and wife.-Ashbaugh v. Ashbaugh, 201 S. W. 72.
ILLEGALITY. Co 14 (10) (Mo.) Neither husband nor wife could dispose of any interest in their estate See Contracts, Em138; Sales, aw 48. by the entirety without the assent of the other.-Otto F. Stifel's Union Brewing Co. v.
IMPEACHMENT. Saxy, 201 S. W. 67.
See Witnesses, On 319, 328, 373. Om 14(11) (Mo.) A judgment and execution against a husband alone cannot in any way affect property held by husband and wife by
IMPENDING DEATH. the entireties or any supposed separate inter- See Homicide, em 203. est of the husband therein, as he has no sepakrate interest.-Otto F. Stifel's Union Brewing
IMPLIED AGREEMENTS. Co. v. Saxy, 201 S. W. 67. Om 14(11) (Mo.) Interest of husband in lands See Landlord and Tenant, m183. held by himself and wife by entireties after his death cannot be subjected to payment of his
IMPLIED CONTRACTS. debts.-Ashbaugh v. Ashbaugh, 201 S. W. 72
See Use and Occupation.
See Statutes, 158-162. 85(1) (Tex.Civ.App.) Note executed by abandoned wife stands on same footing as if it
IMPLIED WAIVER. was executed for necessaries, where proceeds were used in purchase of necessaries.-Wil. See Insurance, 388. liams v. Farmers' Nat. Bank of Stephenville, 201 S. W. 1083.
IMPRISONMENT. V, WIFE'S SEPARATE ESTATE. See Bail; Habeas Corpus; Husband and Wife,
304. (C) Liabilities and charges. 169(1) (Tex. Civ. App.) Abandoned wife
IMPROVEMENTS. may mortgage her separate estate.-Williams See Constitutional Law, 290; Ejectment, v. Farmers' Nat. Bank of Stephenville, 201 S. m142; Mechanics' Liens; Municipal Cor: W. 1083.
porations, 292–581; Trespass to Try
Title, 59. (D) Conveyances and Contracts to Convey.
INCOME. 196 (Mo.) Where premises purchased by See Wills, Om618. wife's separate means were conveyed by the record owners, the husband and wife, to third party, upon his agreement to immediately re
INCOME TAX. convey to the wife alone, his deed to another See Constitutional Law, 208. with notice, contrary to wife's directions, was void, being unauthorized.--Butte Inv. Co. v. Bell, 201 S. W. 880.
See Officers. VII. COMMUNITY PROPERTY. Cm 272(1) (Tex.Civ.App.) Divorced wife, whose INCOMPETENT PERSONS. property rights were not disposed of in divorce decree and whose interest in community fund See Insane Persons. was not subject to any debts contracted by her husband, held entitled to recover one-half
INDEMNITY. from the husband's administratrix.-Jones v. Frazier, 201 S. W. 445.
See Guaranty. Em 273(8) (Tex.Civ.App.) Where property of am 1507) (Ark.) Evidence, in an action to redeceased was left to an executor in trust with
cover for collision due to negligence of a tele. out action of the probate court, a deed of tes- graph operator in failing to deliver a train tator's half of community property by the sur order to a conductor, held competent and suffi vivor, before the executor qualified. was in- cient to sustain a finding of such negligenceeffective.-Nations v. Neighbors, 201 S. W. 691. Kansas City Southern Ry. Co. v. Wade, 201 S.
W. 787. VIII. SEPARATION AND SEPARATE em 15(8) (Ark.) Evidence, in an action to reMAINTENANCE.
cover for collision due to negligence of a teleOm279(2) (Mo.App.) Where wife in divorce graph operator in failing to deliver a train action pleads fraud and duress in separation order to a conductor, held submitted under settlement set up by defendant in bar of ali- proper instructions.-Kansas City Southern Ry. mony, she should tender back sum received un- | Co. v. Wade, 201 S. W. 787. der settlement.-Gilsey v. Gilsey, 201 S. W. 588. m 15(9) (Ark.) Where, in an action to re
Where wife in divorce action pleaded fraud cover for a collision, a telegraph operator tesand duress in separation settlement set up by tified that he delivered a train order to conducdefendant in bar of alimony and suit money, tor, exhibiting a train sheet purporting to bear fact that suit money was issue in case did not conductor's signature, to the genuineness of relieve her from necessity of tendering back which there was a sharp conflict of expert tessum received under settlement.-Id.
timony, the issue was for the jury.--Kansas
City Southern Ry. Co. v. Wade, 201 S. W. 787. IX. ABANDONMENT. Ow304 (Tex.Civ.App.). Sentence of husband INDEPENDENT CONTRACTORS. to penitentiary is equivalent to abandonment of wife.-Williams v. Farmers' Nat. Bank of See Master and Servant, m316, 323, 332; Stephenville, 201 S. W. 1083.
Municipal Corporations, 821.
INDICTMENT AND INFORMATION.
INFANTS. See Forgery, ew29; Grand Jury; Intoxicating See Adoption; Divorce, w301; Guardian Liquors, 219, 222; Larceny, 37;
and Ward; Habeas Corpus, em 99, 114; InRape, 20; Receiving Stolen Goods, 7.
junction, 28; Parent and Child.
II. CUSTODY AND PROTECTION. V. REQUISITES AND SUFFICIENCY OF ACCUSATION.
em 16 (Tenn.) In a proceeding under Pub. Om 110(1) (Tex.Cr.App.) Words of statute, Acts 1911: C. 58, § 10, on arrest of an infant or others of similar or more potent force, must
for homicide, the juvenile court proceedings be used in indictment.-White v. State, 201 s. were not void, for failure to give mother of W. 186.
the boy notice where she was present at the
hearing and was examined as a witness, since em 110(3) (Ark.) An indictment under Kirby's she thereby entered her appearance and waived Dig. $ 2525, as to mayor's duty to command dis. the statutory requirement of notice.-Juvenile persal of riotous assemblies is sufficient if it Court of Shelby County v. State, 201 S. W. alleges the offense in the words of the statute. 771. -Wright v. State, 201 S. W. 1107.
Proceedings in the juvenile court are not 110(31) (Mo.App.) Under a statute for- criminal in their nature, and are not instituted bidding the issuance of a prescription for in- to punish the child, but to provide for his weltoxicapts for other than medicinal purposes, an fare.-Id. information not in the language thereof, and In a proceeding in the juvenile court for denot charging that issue was for purpose of en- | linquency of a child alleged to have killed his abling the liquor to be used otherwise than for playmate the age of the child is immaterial; medicinal purposes, was insufficient.--State v. the procedure not being criminal.-Id. Bradford, 201 S. W. 913.
18 (Tenn.) Under Acts 1911, c. 58, provid119 (Mo.) Tiresonce iteration did not vi- ing for juvenile courts, and outlining their jutiate information charging all essentials of risdiction, Supreme Court has no jurisdiction crime of murder.-State v. Hill, 201 S. W. 58. of appeal in nature of writ of error prosecuted
by one adjudged by juvenile court of county to VI. JOINDER OF PARTIES, OFFENSES, be delinquent child. --State v. Bockman, 201 s. AND COUNTS, DUPLÍCITY,
Om 18 (Tenn.) The juvenile court is a court of
special and limited jurisdiction, and its judg125(14) (Ark.) Indictment charging, in
ments or decrees should show the facts upon language of Laws 1917, p. 46, § 7, that accused which its jurisdiction rests, such as the age received for storage, distribution, or on consignment for another alcoholic liquors, held not service of notice, and the statutory circum
of the child, the nature of the proceedings, the void for duplicity.-Rogers v. State, 201 S. W. stances of delinquency.-Juvenile Court of 845.
Shelby County v. State, 201 S. W. 771. en 128 (Mo.) In drawing an information un Under Pub. Acts 1911, c. 58, requiring that der Rev. St. 1909, $ 4585, making it an offense if a child brought before the juvenile court is for a banking officer to receive a deposit of probably guilty of murder in either degree, he money or other valuable things knowing the shall be turned over to the county authorities bank to be insolvent, it is proper, by using to be proceeded against according to criminal two counts, to charge the deposit of a draft as law, the juvenile court has no jurisdiction of a deposit of money and as a deposit of a valu- an infant alleged to have committed homicide able thing.-State v. Munroe, 201 S. W. 100. if the judge thinks he is probably guilty.-Id. VII. MOTION TO QUASH OR DISMISS, III. PROPERTY AND CONVEYANCES. AND DEMURRER.
Cw28 (Tex.Civ.App.) An infant is capable of em 137 (3) (Tex.Cr.App.) As used in Code Cr. infant no formal acceptance is necessary, but,
being donee of property, and in case of gift to Proc. 1911, art. 570, providing that motion to if gift is for his advantage, the law accepts it set aside indictment may be made on the for him, and will hold the donor bound; while, ground that some person not authorized by law if gift is not for infant's advantage, the law was present when the grand jury were delib: will repudiate it, at his instance, even though erating upon the accusation, deliberating", he in terms has accepted it.-Youngblood v. means weighing with view of decision, mutual Hoefle, 201 S. W. 1057. discussion, and examination for and against.-31(1) (Tex.Civ.App.) Purchase of personMcGregor v. State, 201 S. W. 184.
alty by infant is voidable at his option, but the VIII. AMENDMENT.
adult seller cannot avoid the transaction.
Youngblood v. Hoeffle, 201 S. W. 1057. Om 159(4) (Tex.Cr.App.) Defendant, charged
VI. CRIMES. with perjury, had right on request to have indictment changed by obliteration of alias.
m 66 (Tenn.) The presumption of incapacity Roberts v. State, 201 S. W. 998.
of a child to commit a crime is conclusive when
the child is under the age of 7 years; and if IX. ISSUES, PROOF, AND VARIANCE. between 7 and 14, the burden is on the state to
show that the child is capable of appreciating On 171 (Tex. Cr. App.). Wherever descriptive the nature of his acts.- Juvenile Court of Shelaverments are made in indictment, whether by County v. State, 201 S. W. 771. necessary or not, proof must meet them, and all necessary allegations must be met by cor
VII. ACTIONS. responding evidence.-Kahanek v. State, 201 S. 77 (Ark.) Infants properly served as parW. 994.
ties defendant, and for whom a guardian ad
litem has been appointed, are in court as effecINDORSEMENT.
tually as if adults, and are subject to the same
rules of procedure.- Estes v. Lucky, 201 S. W. See Bills and Notes, 246, 262.
78(6) (Ky.) Where all infants interested
save one were personally served, and there. INFANCY.
after a duly appointed warning order attorney
filed his report for such infant, it was not necSee Limitation of Actions, Cm72.
essary that a guardian ad litem be appointed For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER
for such infant who was a nonresident.-Bent to litigate such claim.-Carolina Spruce Co. F. ley v. Stewart, 201 S. W. 978.
Black Mountain R. Co., 201 S. W. 154. 84 (Ark.) In suit to quiet title defense, interposed by guardian ad litem of infant defend
INSANE PERSONS. ant, that deed under which plaintiff claimed was à mortgage is defensive, and not affirmative, and See Homicide, w27, 294. hence is within the powers of such guardian.Estes v. Lucky, 201 S. W. 815.
II. INQUISITIONS. Om 105 (Ark.) Kirby's Dig. § 4431, subd. 4, 7 (Mo.App.) The proviso added to Rev. St. and section 6248, authorizing correction of de 1909, $ 474, by Laws 1903, p. 200), making jucrees divesting infants of interests in land risdiction of probate court in insanity proceedwithin certain time, is inapplicable to decrees ings depend on accused owning an estate, is not foreclosing liens created by infant's ancestor.- constitutional, and lack of such allegation is Estes v. Lucky, 201 S. W. 815.
immaterial.--State ex rel. Pollard v. Brasher, em 105 (Mo.App.) In suits to try title under 201 S. W. 1150. Rev. St. 1909, $82535, 2536, 2400-2405, court om 10 (Mo.App.) That an information in lunacould, although one of parties was a minor cy proceedings be made by one of kin to or in. represented by guardian, order that defendants terested in the estate of accused is not required take land and pay ascertained value thereof to by Rev. St. 1909, 8 474.--State ex rel. Pollard owners, including minor.-Talbert v. Grist, 201 v. Brasher, 201 S. W. 1150. S. W. 906.
One shown by the record to be a public ad
ministrator of the county, and by Rev. St. 1:29, INFECTIOUS DISEASES.
$299, also a public guardian, and by section
302 required to look after personal estates of See Animals.
insane persons, is qualified to be an informant
in lunacy proceedings.-Id. INFORMATION.
Om 12 (Mo.App.) While Rev. St. 1909, $ 474, See Indictment and Information.
as amended by Laws 1917, p. 102, requires an information in lunacy to be sworn to, such was
not the case previous to such amendmentINFRINGEMENT.
State ex rel. Pollard v. Brasher, 201 S. W.
1150. See Ferries, 19.
w 13 (Mo. App.) Where one was arrested on INHERITANCE.
charge of insanity by order of a probate court,
and brought before the court, tried, and found See Descent and Distribution.
insane, such arrest and bringing before the
court was the equivalent of the notice required INHERITANCE TAX.
by Rev. St. 1909, § 476.--State ex rel. Pollard
v. Brasher, 201 S. W. 1150. See Taxation, Omw 889, 890.
On 14 (Mo.App.) Although there was no re
cital in the judgment that the alleged insane INJUNCTION.
person was present at tbe inquisition, the sher
iff's return to that effect is of equal dignity and See Appeal and Error, 488; Courts, force, particularly where his presence is ad480; Mortgages, Om338.
mitted, but is alleged not voluntary.--State ex
rel. Pollard v. Brasher, 201 S. W. 1150. II. SUBJECTS OF PROTECTION AND Em 27 (Mo.App.) Where it is shown that a RELIEF.
person is brought before the probate court on (A) Actions and Other Legal Proceedings. charge of insanity for the purpose of an in28 (Tenn.) A court of equity has no juris. quest, the presumption is indulged that accused diction to restrain officers of a juvevile court all necessary steps and findings to support
was afforded opportunity to be heard, and that established under Acts 1911, c. 58, from carrying out a threat to make a child a ward of the judgment were made, until contrary is proven. court; there being a remedy by appeal from 1150.
--State ex rel. Pollard v. Brasher, 201 S. W. the juvenile court.-Kilgrow v. West, 201 S. W. 520.
In lunacy proceedings it will be presumed that
the court found informant entitled to institute IV. PRELIMINARY AND INTERLOCU.
the proceedings.-Id. TORY INJUNCTIONS.
V. PROPERTY AND CONVEYANCES. (A) Grounds and Proceedings to Procure.
w62 (Tenn.) An expenditure of $1,332 for the Om 152 (Tex.Civ.App.) Code Cr. Proc. 1911, funeral of a person who had been an imbecile art. 148, providing that one indicted for car and inmate of an asylum for years, whose es. rying on occupation injurious to health may tate was less than $10,000, was an unwarranted be enjoined from carrying it on, does not au extravagance.-Wiles Bros. & Co. v. Wynne, thorize restraining writ. without proof and 201 S. W. 515. giving defendant opportunity to be heard.Crowder v. Graham, 201 S. W. 1053.
VI. CONTRACTS. (B) Continuing, Modifying, Vacating or
Com 74 (Ky.) Where an incompetent hires riors Dissolving.
attorneys than are reasonably necessary to fully Cm 161 (Tex.Civ.App.) Under Rev. St. 1911, the excessive services, but a single allowance
protect his interest no recovery can be had for art. 1663, where sworn answer was filed it
may be made and apportioned.--Fitzpatrick's was within the discretion of the trial court to Committee v. Dundon, 201 S. W. 339. dissolve a temporary restraining order and de
An attorney may receive reasonable fees for ny temporary injunction.-Staffel v. San An- reasonable and necessary services rendered an tonio School Board of Education, 201 S. W. 413. incompetent, where the services have been VI. WRIT, ORDER OR DECREE, SERV- usuccessful and not beneficial.--Id.
faithfully and intelligently performed, although ICE, AND ENFORCEMENT.
Efforts of attorneys to have an incompetent On 208 (Tenn.) On bill of injunction by lum- declared sane showed good faith where half the ber company against railroad which had con- local physicians said he was sane and there structed and operated a logging road from its were four hung juries, and one declaring him plant to a main line junction, where complain- sane and one declaring him insane.--Id. ant's claim for overcharge was not shown by Right of attorneys to compensation for efforts record, decree would reserve to it the right I to have an incompetent declared sane were not
defeated by failure to first get the approval of , bility" was not continuing representation that the chancellor, where the chancellor consoli- ar plicant would remain in good health until dated the suits with the settlement proceedings application was accepted.-American Nat. Ins. and tried the cases, under Ky. St. $ 2149.-Id. Co. v. Brown, 201 S. W. 326.
The legal effect of employment of counsel om 137(4) (Ky.) Where condition is that policy by an incompetent is that they be paid a rea- will not bind insurer until premium is paid, acsonable fee for services rendered, not that they ceptance of note by insurer constitutes paytry the case to completion under a contract for ment.-- American Nat. Ins. Co. v. Brown, 201 a fixed fee, nor after their services are no S. W. 326. longer desired or requested.-Id.
C 138(2) (Ky.) Where note covering premium Om75 Tex.Civ.App.) Mortgagee lending mon, is accepted by insurer and policy is delivered, ey to person of unsound mind is not entitled insurance company is bound, although there was to recover all of it, where only part of it was agreement between agent and insured to rebate expended for necessaries.-Bass v. Joseph, 201 in violation or Ky. St. $ 656.--American Nat. S. W. 1017.
Ins. Co. v. Brown, 201 Š. W. 326.
w 141(1) (Ky.) Where, after date of applica99 (Tex.Civ.App.) Where mortgagee sues tion for life insurance and before acceptance, for all he loaned person of unsound mind, and irsurer learned that insured fell in the street åt no time asks for any part thereof, he can
and knocked out some teeth, it is estopped to not maintain that verdict and judgment
defend on ground that insured had attack of against him were contrary to law and evi- epilepsy which was unknown to it.-American dence, although some of money was spent for Nat. Ins. Co. v. Brown, 201 S. W. 326. necessaries.--Bass v. Joseph, 201 S. W. 1047.
(B) Construction and Operation. INSOLVENCY.
On 146(3) (Mo.App.) Exemption, being writ
ten into tornado policy and proposed by insurSee Bankruptcy; Banks and Banking, Ow76-er to insured, should not be extended beyond its 85.
terms, and any doubt should be resolved against INSPECTION.
insurer.-Walker y. Fire Ass'n of Philadelphia,
201 S. W. 571. See Criminal Law, Cm94; Evidence, On 29; 147(2) (Ky.) Fire insurance policies upon Master and Servant, 278.
a stock of goods owned by a citizen of Missis
sippi made in Mississippi are governed by the INSURANCE.
laws of that state, and not of Kentucky, where
in suit on the policies was brought.-Springfield See Appeal and Error, ew1034; Bankruptcy, Fire & Marine Ins. Co. of Springfield, Mass., v.
290; Constitutional Law, Cww.229, 283; Shapoff, 201 S. W. 1116. Evidence, ww22; Judgment, 401.
w 162 (Mo.App.) Tornado policy held to covII. INSURANCE COMPANIES.
er metal smokestack attached to furnace in (B) Mutual Companies.
boiler room on same lot as flat building insur
ed, about 25 feet from building, and connected Om 52 (Mo.App.) Policy and articles of incor- with it by heating pipes under ground.--Walker poration held to show that contract was one v. Fire Ase'n of Philadelphia, 201 S. W. 571. of insurance on the assessment plan within Rev. St. 1909, $ 6950.-Rasch v. Bankers' Life VI. PREMIUMS. DUES, AND ASSESSCo, of Des Moines, Iowa, 201 S. W. 919.
Om 195(2) (Mo.App.) If insured in fact paid
one assessment with which the assessment plan Om 116(1) (Ark.) One has no insurable inter company did not credit him, and the company est in life of his second cousin who was not thereafter failed to send him notices of asindebted to him, and who furnished him with sessments, he was thereby relieved from payno support.--Cotton v. Mutual Aid Union, 201 ing assessments, and it was proper to instruct S. W. 124.
that he could recover if he paid the first asmw 119 (Ark.) Person who insures life of an- sessment which the insurer alleged he had not other in whom he has no insurable interest paid.-Rasch v. Bankers' Life Co. of Des cannot enforce contract because contrary to Moines, Iowa, 201 S. W. 919. public policy.-Cotton v. Mutual Aid Union, 201 S. W. 124.
X. FORFEITURE OF POLICY FOR Contract of insurance which was wagering
BREACH OF PROMISSORY WARcontract, because beneficiary had no insurable
RANTY, COVENANT, OR CONDITION interest in life of insured, will not be enforced,
SUBSEQUENT. though company when it issued policy knew that fact.-Id.
(B) Matters Relating to Property or In
terest Insured. mi20 (Ark.) Where beneficiary had no in. surable interest, he cannot enforce policy be- 335(1) (Ky.) Under iron-safe clause recause of provision that proceeds should be quiring insured to take inventory within 30 paid to guardian, executor, or administrator days and to keep set of books showing the of insured in trust for legal heirs, so that bene- stock on hand and avoiding policy iz he did ficiary was trustee for heirs.-Cotton v. Mutual not do so, where fire occurred less than 30 days 'Aid l'vion, 201 S. W. 124.
after issuance of the policy, the insured could
recover regardless of books or inventory.-V. THE CONTRACT IN GENERAL. Springfield Fire & Marine Ins. Co. of Spring(A) Nature, Requisites, and Validity.
field, Mass., v. Shapoff, 201 S. W. 1116.
335(2) (Ky.) Where insured two or three Om 12512) (Mo.App.) Where the insurer was
weeks before the fire had taken stock in anan Iowa corporation licensed to do business other town, shipped the goods, and on arrival in Illinois, in which latter state deceased re-checked off all the items, and found them there, sided, the policy of insurance was an Illinois and made no considerable sales during the pericontract, and governed by the laws of Illinois. od before the fire, such form of stock taking -Rasch v. Bankers' Life Co, of Des Moines, was sufficient to comply with policy requireIowa, 201 S. W. 919.
ment of inventory if the statements then made em 137(2) (Ky.) Stipulation in application for were true.--Springfield Fire & Marine Ins. Co. life insurance that policy shall not take effect of Springfield, Mass., v. Shapoff, 201 S. W. until first premium is paid "during my insura- | 1116.
For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER