Interstate Life Assur. Co. v. Dalton

Citations

• 165 F. 176
• 23 L.R.A.N.S. 722
• 1908 U.S. App. LEXIS 4740

Syllabus

<p>1. Appeal and Error (§ 997*) — Review—Findings op Fact — Effect op Motions por Direction op Verdict.</p> <p>The effect of motions by both parties for the direction of a verdict is to withdraw the case from the consideration of the jury and submit it to the court to find the facts; and an appellate court in reviewing the action of the lower .court is limited to a consideration of the correctness of its finding on the law, if there is any evidence in support of the finding of fact.</p> <p>fEd. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 4023, 4024; Dec. Dig. § 997.*]</p> <p>2. Insurance (§ 184*) — Validity op Contract — Discrimination Between In- . surants — Kentucky Statute.</p> <p>ICy. St. 1903, § 656, which prohibits any life insurance company from making any distinction or discrimination between persons insured in the amount of premiums or rates charged to persons of the same class and equal expectation of life, etc., does not invalidate a policy because the agent returned to the insured a part of tlie first premium paid, -which belonged to himself as a commission.</p> <p>[Ed. Note. — -For other cases, see Insurance, Dec. Dig. § 184.*]</p> <p>8. Insurance (§ 443*) — Cause of Loss — Life Insurance — Death in Violation of Law.</p> <p>To defeat a recovery on a life insurance policy on tlie ground that at the time of his death tlie insured was carrying a concealed weapon in violation of Ky. St. 1903, § 1309, it must be shown not only that the offense was being committed, but, further, that it brought about the death of the insured.</p> <p>[Ed. Note. — For other cases, see Insurance, Cent. Dig. § 1149; Dec. Dig. § 413.*]</p>