Judges: PER CURIAM.
Attorneys: Doggett, McCollum, Howell Doggett, for Plaintiff in Error;
Filed: Dec. 26, 1935
Latest Update: Mar. 02, 2020
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 285 On June 30, 1920, New York Life Insurance Company issued two policies of insurance in the sum of $5,000 each on the life of James Kincaid of Orlando, Florida, payable to his wife, Nellie T. Kincaid, as beneficiary. *Page 286 The insured paid all premiums on these policies as they matured until June 30, 1929. In June, 1927, he borrowed $880 on each policy
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 285 On June 30, 1920, New York Life Insurance Company issued two policies of insurance in the sum of $5,000 each on the life of James Kincaid of Orlando, Florida, payable to his wife, Nellie T. Kincaid, as beneficiary. *Page 286 The insured paid all premiums on these policies as they matured until June 30, 1929. In June, 1927, he borrowed $880 on each policy w..
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The Petition for Rehearing in this cause has been examined with care. On reconsideration of the record and briefs of counsel in the light of the petition we have reached the opinion that the second and third paragraphs
from the conclusion on the last page in our former opinion should be modified as follows:
From the foregoing it follows that Kincaid's policies were in force at the time of his death. The amount of the verdict and judgment are shown to have been within the amount his beneficiary was entitled to recover as laid in the declaration so the judgment below is affirmed. In all other respects the main opinion is reaffirmed.
Rehearing denied.
WHITFIELD, C.J., and TERRELL, BROWN, BUFORD and DAVIS, J.J., concur.
