Fidelity Mut. Life Ins. Co. v. Click
Decision Date | 15 November 1909 |
Citation | 124 S.W. 764 |
Parties | FIDELITY MUT. LIFE INS. CO. v. CLICK. |
Court | Arkansas Supreme Court |
Appeal from Circuit Court, Howard County; Jas. S. Steel, Judge.
Action by Mary E. Click against the Fidelity Mutual Life Insurance Company. From a judgment in favor of plaintiff, defendant appeals. Affirmed.
W. C. Rodgers and Rose, Hemingway, Cantrell & Loughborough, for appellant. W. P. Feazel, for appellee.
This is an appeal by the Fidelity Mutual Life Insurance Company from a judgment rendered against it in favor of Mary E. Click for $2,000 on a life insurance policy. The case turns on the payment of the third annual premium. If this premium was not paid, it is conceded that the policy sued on was void, and that appellee should not recover. On the other hand, if this premium was paid, the policy was in force at the death of the assured, and the appellee should recover.
To show payment the appellee relied upon the following receipt: The above was the receipt for the third annual premium. The policy provided that, after three years' premiums had been paid, it could be automatically extended for four years and seven months without any further payment. The assured died in August, 1908.
The defendants thereupon introduced the following testimony to sustain their defense:
O. C. Bosbyshell:
William L. Hunter:
Francis V. Shannon:
It is not contended that the third annual premium was paid unless the receipt itself is sufficient to establish that fact. It is conceded that the receipt only makes a prima facie case, which may be overcome by testimony of witnesses, unimpeached, uncontradicted, reasonable, and consistent in itself; and such is the rule recognized and followed by this court. Industrial Mutual Indemnity Co. v. Perkins, 87 Ark. 70, 112 S. W. 176; Southern Express Co. v. Hill, 84 Ark. 368, 105 S. W. 877, and cases cited.
We think the evidence on the part of the appellant overthrows the prima facie case made by the delivery of the receipt. The receipt was countersigned at Little Rock and mailed to the assured because the officers of the company there received an...
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