Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-07-22
COURT DECISIONS.
Notes Of Cases Recently Decided,
Which are of Interest to
Our People.
DIGESTED BY W. B. MARTIN.
(Exclusively for virEinian-Pllot.)

NAT. LIFE ASSO. V. HOPKINS.
Supreme Court of Appeals OF Virginia.
June Is, 1899.
WHERE IT SEEMS PLAIN THAT
THE REMEDY At LAW IS FAR
LESS ADEQUATE THAN IN EQUI-
TY WHERE THE RIGHTS OF ALL
CAN BE DETERMINED IN A
SINGLE SUIT. a COURT OF
EQUITY HAS CONCURRENT JU-
RISDICTION WITH COURTS OF
LAW.
THE ALLEGATION OF A CON
SPIRACY TO GET INSURANCE BY
THE SUPPRESSION OF MA
TERIAL FACTS WILL WARRANT
THE INTRODUCTION OF EYI-
DENCE OF SUCH FACTS.
This was Il suit in chancery by the
administrator of Hopkins upon policies
of insurance issued by defendant COM
pany to his intestate. The lower court
gave Il decree for the plaintiff anu de-
PENDANT appealed.
The court says:
There WAS n demurrer to this bill
which the court ovcrruled, and in this
we are of opinion there is no error.
ut sun Nsto DIOuSnl ny ln IQllllfl-
istrator for the settlement of his de-
cedcnt's estate, the assets consisting
of four policies of insurance taken out
upon the life of his intestatc, and by
him assigned to three persons, all of
whom were proceeding by suit col
lect the whole of the policies assigned
tn them. 1t is averred that they had
no interest. beyond the payment of GER
tain premiums. in the proceeds OF the
policies. 1t may be that the admins
traitor of Hopkins had remedy al law
but 1t seems plain that the remedy at
law is far less adequate and complete
than in equity. where the rights of all
concerned can be asccrtained and de-
tcrmined in Il single suit. Under such
circumstances ii is well settled that IA
court of equity has concurrent jurisdic-
ton with courts of law.
1t Is contended also by the appellee
that the pleadingS did not warrant the
Introduction of this evidence: that
fraud must be pleaded and proved The
answer of the defendant company
states that MILLER, acting on behalf of
Hopkins and others, entered into a con-
spiracy with them to secure the de-
sired insurance from respondent, sup
pressing the fact that Hopkins had
been rejected by the Northwestern As
ISOLATION as aforesaid, and that fail
ing in this. the said Miller and Hop
Mis- applied 10 this respondent for the
insurance as rejected risk" That
language can have but one meaning.
which is that their first effort was to
secure an ordinary policy, paying the
usual premium. from the defendant
company, making no reference to the
aDortiNe effort to procure insurance in
the Northwestern Company: that. in
execution of this purpose, Miller took
Hopkins to Drs. Ross and Blankcnship
TO be examined. but they refusing to
approve him FOR insurance. the facr
tina; he had been thus examined was
suppressed and application was made
to the National Life upon the footing Of
rejected risk" which requires n
much higher premium, in which full
disclosure was made OF the dealing
with the Northwestern Masonic Aid
Association. That statement of the
answer taken in connection with the
charge of suppression of material facts
was sufficient tn warrant the introduce
ton of the evidence before recited
which was admitted without objection
Ihat Hopkins had been examined by
Two examiners of the appellant and re-
Jected was Il NEST material fact. 1t is
wholly improbable that the policies
would haze been issued had that cac.
been known. but. however that may be
IL was a material fact fraudulently sun
pressed as we'll as Il breach of war
ranty and bars any recovery upon the
policies. Reversed.