Pacific Mut. Life Ins. Co. v. Taylor
| Decision Date | 20 October 1915 |
| Citation | 166 Ky. 323,179 S.W. 199 |
| Parties | PACIFIC MUT. LIFE INS. CO. v. TAYLOR. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Knox County.
Action by Sarah J. Taylor against the Pacific Mutual Life Insurance Company. From a judgment for plaintiff, defendant appeals. Affirmed.
J. M Robsion, of Barbourville, for appellant.
Golden & Lay, of Barbourville, for appellee.
On October 8, 1912, the Pacific Mutual Life Insurance Company of California issued to George F. Taylor a contract of accident insurance, in which his wife, Sarah J. Taylor, was named as beneficiary. George F. Taylor died on May 1, 1913. Mrs Taylor brought this suit to recover on the policy. The petition charges, in substance, that on October 8, 1912, the defendant signed, executed, and delivered to George F. Taylor a contract of insurance, in which plaintiff was made and named as beneficiary; that by said contract it agreed and promised to pay to her, as such beneficiary, the sum of $600, in case of the death of George F. Taylor caused solely by external violent, and accidental means, excluding suicide or any attempt thereat; that George F. Taylor died on May 1, 1913; that his death was caused solely by external, violent, and accidental means, and not from suicide, or any attempt thereat; and that said contract of insurance was alive and in full force and had been so kept and maintained since the date of its execution and delivery. A trial before a jury resulted in a verdict and judgment in favor of plaintiff for $600. The company appeals.
On motion of the plaintiff below, the transcript of evidence has been stricken from the record. The policy of insurance is not made a part of the record, but appears only in the transcript of the evidence, which has been stricken from the record. In the absence of the transcript of the evidence, it will be presumed that the omitted portions of the record will support the judgment, and the only question to be determined is whether or not the pleadings support the judgment. Jones v. Jackson, 16 S.W. 458, 13 Ky. Law Rep. 253; Hackney v. Hoover, 67 S.W. 48, 23 Ky. Law Rep. 2061; Sanson v. Connolly, 141 Ky. 120, 132 S.W. 159; McKee v. Stein, 91 Ky. 240, 16 S.W. 583, 13 Ky. Law Rep. 49; Bradford v. Jones, 150 Ky. 355, 150 S.W. 387; Duker's Adm'r v. Kaelin, 90 S.W. 959, 28 Ky. Law Rep. 900; Anheuser-Busch Brewing Co. v. Seelbach, 40 S.W. 671, 19 Ky. Law Rep. 375; Louisville Bridge Co. v. Neafus, 110 Ky. 571, 62 S.W. 2, 63 S.W. 600, 23 Ky. Law Rep. 185; Myers v. Saltry, 163 Ky. 481, 173 S.W. 1138.
In the absence of the policy of insurance, we are unable to say that it contradicts the averments of the petition or the amended petition. It is insisted that the petition is defective because it does not allege that the...
To continue reading
Request your trial
-
Henry Clay F. Ins. Co. v. Grayson Co. S. Bank
...S.W. 418. The criticisms of the petition became unimportant, in view of the issues tried and the result reached. Pacific Mutual Ins. Co. v. Taylor, 166 Ky. 323, 179 S.W. 199. The name by which the agent is described is not Confusion will be avoided by considering the actualities of the situ......
-
Henry Clay Fire Ins. Co. v. Grayson County State Bank
... ... 442 ... In the ... early case of Union Mutual Life Insurance Co. v ... Wilkinson, 13 Wall. 222, 235, 20 L.Ed. 617, the ... tried and the result reached. Pacific Mutual Ins. Co. v ... Taylor, 166 Ky. 323, 179 S.W. 199. The name by ... ...
-
Ramey v. Weddington
...Board of Education, 240 Ky. 589, 42 S.W. (2d) 885; Finan v. Finan's Trustee, 247 Ky. 658, 57 S.W. (2d) 644; Pacific Mutual Life Insurance Company v. Taylor, 166 Ky. 323, 179 S.W. 199. 2. Another contention is that the restraining order issued by the clerk ceased to be valid for the reason t......
-
Crofton v. Louisville & N.R. Co.
... ... the pleadings support the judgment. Pacific Mutual Life ... Insurance Co. v. Taylor, 166 Ky. 323, 179 ... ...