Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 88

Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 88

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ... the policy contract. The reasonableness of the loan agreement was involved, and this evidence of complaint from policyholders only accentuated what had been judicially settled, and could not prejudice defendant 's case. Nor can we see injury to the defendant in submitting to the jury excerpts from the subsequent annual reports of the defendant to its policyholders relative to the'value and desirability of its liberal policy contracts. Defendant 's counsel insists that this evidence was designed to secure punitive damages, on what hypothesis we fail to perceive, but if such evidence could, under any theory, be construed to have that effect, instruction No. 3 given for the defendant told the jury that punitive damages could not be given; and its instruction No. 1 limited the recovery to excess interest paid by plaintiff and reasonable compensation for his time, services and expense in procuring the loans, together with interest on these amounts. We do not perceive any puntive damages in the verdict. After this suit was begun on the policies issued in 1901, a policy was issued on November 26, 1915, to plaintiff which contained a loan provision similar to that contended for by plaintiff, to-wit, that upon default the policyholder should have thirty days notice before forfeiture was declared. This policy was properly put in evidence to prove the reasonableness of plaintiff's contention as to his construction of the 1901 policy contract. The later policy admitted, almost in terms, that plaintiff's construction of the contract sued on was reasonable and practicable. Defendant insists that the court erred in admitting evidence as to the value of plaintiff's services in obtaining forty different loans, when he...
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Product details

  • Paperback
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236846958
  • 9781236846952