{
  "id": 8722061,
  "name": "Old American Insurance Company v. Eskue",
  "name_abbreviation": "Old American Insurance v. Eskue",
  "decision_date": "1927-04-04",
  "docket_number": "",
  "first_page": "475",
  "last_page": "479",
  "citations": [
    {
      "type": "official",
      "cite": "173 Ark. 475"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "171 S. W. 1187",
      "category": "reporters:state_regional",
      "reporter": "S.W.",
      "opinion_index": 0
    },
    {
      "cite": "115 Ark. 529",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1533795
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/115/0529-01"
      ]
    },
    {
      "cite": "113 S. W. 803",
      "category": "reporters:state_regional",
      "reporter": "S.W.",
      "opinion_index": 0
    },
    {
      "cite": "87 Ark. 614",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1519173
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/87/0614-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 243,
    "char_count": 3343,
    "ocr_confidence": 0.424,
    "pagerank": {
      "raw": 5.4033266686372354e-08,
      "percentile": 0.3387199408150823
    },
    "sha256": "b4424260ebb02dbf48b9d59ce30e083df39bfd65c41cd0257387f6143cbf6099",
    "simhash": "1:ae5303102b89296d",
    "word_count": 592
  },
  "last_updated": "2023-07-14T20:39:02.380114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Old American Insurance Company v. Eskue."
    ],
    "opinions": [
      {
        "text": "Kirby, J.,\n(after stating the facts). The appellant contends that the testimony shows conclusively that the insured was over the insurable age of fifty-five years at the time of the application for and issuance of the policy and that the verdict is not supported by the evidence.\nIf the statements of the proof of death was the only evidence in the case, this contention would be correct, since the undisputed testimony would show such to be the fact; but there was other testimony, and the positive statement in the application made by the insured himself, according to the testimony of the beneficiary, who wrote it, giving the day and year of insured\u2019s birth, which showed him within the insurable age, and there was also other testimony tending to show that he was not beyond the insurable age, and the jury found in appellee\u2019s favor on the conflicting testimony.\nIn Joyce on Insurance it is said: \u201cA presumption exists that the applicant has truly stated his age, in the absence of proof to the contrary, and the burden is upon assurer to disprove such statement, and such presumption is not overcome by the statements made in proofs of death furnished by one of the beneficiaries under the policy. This presumption will, however, be overcome by proper evidence; * but a misstatement as to age is not established by insufficient evidence.\u201d\nMrs. Eskue, the appellee, stated that she signed the proof of death, which was not written by her and which she did not read, but that she made no such statement as written therein relative to insured\u2019s age, which she said she did not know and never had known. It is urged, in any event, that there was a settlement in full of all liability under the policy and a release executed to the company by the beneficiary, that it was a compromise settlement of a disputed claim, and binding.\nIt is true that an agreement of settlement for $45 was made, the money paid and the release executed, and that no fraud was perpetrated hv the insurance company in its procurement, but the undisputed testimony also shows that this was done under the mistake of facts by both parties as to insured\u2019s being over the insurable age at the time of issuance of the policy, and the settlement avou]d not have been made otherwise. It is stated in 5 Joyce on Insurance, \u00a7\u25a0 3319: \u2018Els a general rule, the statements made in the proofs of loss or of death are not conclusive upon the claimant, where, they am made in good faith and with no attempt at fraud, and mistakes therein may be corrected.\u201d\nThis court has allowed releases consummating settlements of claims for damages set aside and held no defense to an action for the injury,- where the settlement was based upon mutual mistake of fact. St. L. I. M. & S. R. Co. v. Hambright, 87 Ark. 614, 113 S. W. 803; St. L. I. M. & S. R. Co. v. Morgan, 115 Ark. 529, 171 S. W. 1187.\nThe jury having found, under proper instructions, that the release was executed under a mutual mistake of fact, the settlement had no effect as a compromise settlement of a disputed claim, and did not bar appellee\u2019s right to recover, having no such effect as a compromise of a disputed claim.\nWe find no error in the record; and the judgment is affirmed.",
        "type": "majority",
        "author": "Kirby, J.,"
      }
    ],
    "attorneys": [
      "John L. Crank, for appellant.",
      "George G. Stockard, for appellee."
    ],
    "corrections": "",
    "head_matter": "Old American Insurance Company v. Eskue.\nOpinion delivered April 4, 1927.\nJohn L. Crank, for appellant.\nGeorge G. Stockard, for appellee."
  },
  "file_name": "0475-01",
  "first_page_order": 491,
  "last_page_order": 495
}