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Fall 2009 Romantic Movie Picks
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Buzz's Picks For Fall Movies: Romances
Fall movies are upon us, and I'm making it easier for you to sift through all the theatrical releases by giving you my Fall flick picks. I told you which comedies I'll be in the audience for, and now I'm tackling those movies with a bit more heart: the romances.
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Two people from Midlands among three killed in weekend traffic accidents
Two people in the Midlands and a third from Aiken County were killed in weekend traffic accidents, the South Carolina Highway Patrol reported Sunday.
Ulysesse Lykes was killed around 6:30 p.m Saturday when he was traveling eastbound on Calvary Church Road in Lexington County. The patrol said that Lykes was a little more than seven miles east of Swansea when his car ran off the left side of the roadway and flipped several times.
Lykes, who was not wearing a seat belt, was ejected from the vehicle.
Around 9 a.m. Friday, a pedestrian was killed on Monticello Road near Walton Road in Richland County after being hit by a motorcycle driven by 23-year-old Floyd Bouknight. Investigators say that Bouknight was traveling north on Monticello when Utamu Obaji Mfume, who was traveling west, entered the roadway and was struck by Bouknight's motorcycle.
Bouknight was not injured in the accident.
In Aiken County, a motorcyclist was struck and killed on S.C. Primary 9 one mile north of Interstate 20 just before midnight on Saturday. The patrol said the motorcycle and another vehicle driven by 26-year-old Keidra Neira, were traveling north when the cyclist lost control of the motorcycle, fell onto the highway, and was hit by Neira's vehicle. Investigators said the victim, whose name has not been released, was not wearing a helmet.
The three accidents remain under investigation.
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Forums → Flash Games
Posted Aug 6, '09 at 7:54pm
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I just started a Colony tourney. Much more organized than this.And yeah we need more servers, I can barely get in.
Posted Aug 6, '09 at 9:16pm
If you just made it how did I copy you. I had to have made mine first.
Posted Aug 7, '09 at 8:07am
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If you click the button enough times you can get in.
Posted Aug 10, '09 at 1:43pm
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wwhen there be like 5 servers i will be in
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I challenge Darktroop07.
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EC Number: 220.127.116.11
Enzymes and Genes:
Escherichia coli K-12 substr. MG1655 : | leucyl, phenylalanyl-tRNA-protein transferase
: aat
The reaction direction shown, that is, A + B ↔ C + D versus C + D ↔ A + B, is in accordance with the Enzyme Commission system.
Most BioCyc compounds have been protonated to a reference pH value of 7.3, and some reactions have been computationally balanced for hydrogen by adding free protons. Please see the PGDB Concepts Guide for more information.
Mass balance status: Balanced.
Enzyme Commission Primary Name: leucyltransferase
Enzyme Commission Synonyms: leucyl, phenylalanine-tRNA-protein transferase, leucyl-phenylalanine-transfer ribonucleate-protein aminoacyltransferase, leucyl-phenylalanine-transfer ribonucleate-protein transferase, L-leucyl-tRNA:protein leucyltransferase
Taxonomic Range: Bacteria
Standard Gibbs Free Energy (ΔrG'° in kcal/mol): -1.1312561 [Latendresse13]
Enzyme Commission Summary:
Also transfers phenylalanyl groups. Requires a univalent cation. Peptides and proteins containing an N-terminal arginine, lysine or histidine residue can act as acceptors.
Citations: [Soffer73, Leibowitz69, Leibowitz70]
Relationship Links: BRENDA:EC:126.96.36.199 , ENZYME:EC:126.96.36.199 , IUBMB-ExplorEnz:EC:220.127.116.11 , UniProt:RELATED-TO:P73571
Latendresse13: Latendresse M. (2013). "Computing Gibbs Free Energy of Compounds and Reactions in MetaCyc."
Leibowitz69: Leibowitz MJ, Soffer RL (1969). "A soluble enzyme from Escherichia coli which catalyzes the transfer of leucine and phenylalanine from tRNA to acceptor proteins." Biochem Biophys Res Commun 36(1);47-53. PMID: 4894363
Leibowitz70: Leibowitz MJ, Soffer RL (1970). "Enzymatic modification of proteins. 3. Purification and properties of a leucyl, phenylalanyl transfer ribonucleic acid protein transferase from Escherichia coli." J Biol Chem 245(8);2066-73. PMID: 4909560
Soffer73: Soffer RL (1973). "Peptide acceptors in the leucine, phenylalanine transfer reaction." J Biol Chem 248(24);8424-8. PMID: 4587124
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Charles Whittingham
Charles Whittingham (16 June 1767 – 5 January 1840) was an English printer.
He was born at Caludon or Calledon, Warwickshire, the son of a farmer, and was apprenticed to a Coventry printer and bookseller. In 1789 he set up a small printing press in a garret off Fleet Street, London, with a loan obtained from the typefounding firm of William Caslon, and, by 1797, his business had so increased that he was enabled to move into larger premises.
An edition of Gray's Poems, printed by him in 1799, secured him the patronage of all the leading publishers. Whittingham inaugurated the idea of printing cheap, handy editions of standard authors, and, on the bookselling trade threatening not to sell his productions, took a room at a coffee house and sold them by auction himself.
In 1809 he started a paper-pulp factory at Chiswick, near London, and in 1811 founded the Chiswick Press. From 1810 to 1815 he devoted his chief attention to illustrated books, and is credited with having been the first to use proper overlays in printing woodcuts, as he was the first to print a fine, or "Indian Paper" edition. He was one of the first to use a steam engine in a pulp mill, but his presses he preferred to have worked by hand. He died at Chiswick.
His nephew Charles Whittingham (1795–1876), who from 1824 to 1828 had been in partnership with his uncle, in 1838 assumed control of the business. He already had printing works at Took's Court, Chancery Lane, London, and had printed various notable books, specially devoting himself to the introduction of ornamental initial letters, and the artistic arrangement of the printed page. The imprint of the Chiswick press was now placed on the productions of the Took's Court as well as of the Chiswick works, and in 1852 the whole business was removed to London. Under the management of the younger Whittingham the Chiswick Press achieved a considerable reputation. He died on 21 April 1876.
- This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). Encyclopædia Britannica (11th ed.). Cambridge University Press.
External links[edit]
- Works by or about Charles Whittingham in libraries (WorldCat catalog)


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Search billions of records on Ancestry.com
Please join us for our next meeting!
When: May 4th, 2015 at 7pm
Where: The Bud Duble Senior Center, Atco, NJ 08004
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Presentation begins at 8pm after the monthly meeting, and refreshments will be served. Please come out and learn about our township's history!
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Tiger Eye Productions, Inc. filed as a Domestic Nonprofit Corporation in the State of Texas and is no longer active. This corporate entity was filed approximately thirteen years ago on Thursday, March 21, 2002 as recorded in documents filed with Texas Secretary of State.
Lawrence Ingram served as the Director
Billy McQueen was the Director of Tiger Eye Productions, Inc..
The Director of Tiger Eye Productions, Inc. was Walter Allen.
The registered agent for the company is Walter D. Allen. Also known as a statutory or resident agent, the registered agent is responsible for receiving legal notifications regarding court summons, lawsuits, and other legal actions involving the corporate entity.
Key roles for Tiger Eye Productions, Inc. |
Lawrence J. Ingram
Inactive |
Billy McQueen
Inactive |
Walter D. Allen
Inactive |
Filing Type: | Domestic Nonprofit Corporation |
Status: | Inactive |
State: | Texas |
State ID: | 800067223 |
Date Filed: | Thursday, March 21, 2002 |
Registered Agent | Walter D. Allen |
Comprehensive Insight Plus Report |
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The D&B Comprehensive Insight Plus Report for Tiger Eye Productions, Inc. combines D&B's proprietary statistical scoring with business, payment and financial information all in one report. | |
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The D&B U.S. Company Profile contains basic information such as address and telephone number, executive names and titles, line of business and SIC codes, D-U-N-S Numbers, organization status, and year and location of incorporation for Tiger Eye Productions, Inc.. |


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The Croatian Hydrocarbons Agency used AAPG's Annual Convention and Exhibition (ACE) in Houston last month as an opportunity to formally announce that the country's first offshore license round opened April 2 of this year.
Alen Leveric, Croatia's deputy minister of economy, personally made the announcement before a packed audience in the auditorium of the International Pavilion of the ACE Exhibit Hall.
He said the license round is a component of the Republic of Croatia's broader effort to attract foreign investment to the country through a series of new legislative proposals, including the 2013 creation of the Croatian Hydrocarbons Agency, as well as Croatia's recent membership with NATO and the European Union.
"Joining NATO and the EU means security and stability for investors that come to Croatia," said Leveric.
He emphasized that most of the infrastructure already exists in Croatia to develop and transport oil and gas, and the prior bureaucratic hurdles were the only significant impediments to exploiting the countries hydrocarbon resources.
"We put special emphasis on encouraging and strengthening the upstream hydrocarbon sector as one of the priorities of the government of Croatia," he said.
"Now, everything else is up to you," Leveric added, addressing industry members in attendance.
The country has almost 37,000 square kilometers (about 14,000 square miles) of continental shelf on offer, divided into 29 exploration blocks ranging from 1,000 to 1,600 square kilometers.
Leveric said it's too early to definitively quantify resource expectations, except to say that the potential is "huge."
Croatia's Ministry of the Economy contracted Spectrum ASA to acquire multi-client 2D seismic data, focusing on underexplored areas covering approximately 14,700 kilometers of long offset data with a 5-square-kilometer grid.
Spectrum completed its survey in late January and it extends to both the northern and southern parts of the Croatian Adriatic Sea and the survey grid connects with Spectrum's reprocessed seismic data covering the Italian Adriatic.
Within the Northwest Peri-Apenninic Foredeep, four main reservoirs have been identified: Messinian-Upper Pliocene transgressive sand and gravel reservoirs, unconformably resting on a Miocene substratum; sandy beds in the thick turbiditic Pliocene formations in the eastern Po Plain Upper; Pliocene-Pleistocene sands in the Adriatic Homocline; and sandy intercalations in the Pliocene-Pleistocene clay formations.
The main types of hydrocarbon accumulations that have been found in the South Adriatic-Durres Basin are as follow: Cretaceous-Mid Eocene shelf edge and platform carbonates; Oligocene, Lower Pliocene turbidites, Miocene sands; Pleistocene shallow marine sands; and middle Triassic sandstones.
Several plays have been identified in the northern area: Asti group of plays, typically with combined stratigraphic-structural traps (Upper Pliocene-Pleistocene), of which most fields are located in the North Adriatic offshore; Porto Garibaldi group of plays, typically with combined stratigraphic-structural traps (Lower-Upper Pliocene), some of the major fields of which are in the eastern Po Plain and in the adjacent North Adriatic offshore; and the Morro d'Oro Stratigraphic-Structural Play, several fields of which are anticline and stratigraphic traps in the Adriatic Arc onshore and offshore.
Exploration offshore Croatia started in the northern Adriatic in 1968 with the acquisition of 2D seismic data. The most recent discovery was made in 2008 with the Monte Della Crescia gas discovery in the Italian sector.
Leveric explained that the Croatian upstream sector's fiscal terms are comprised of seven main parameters: an exploration area fee, an exploitation area fee, a signature bonus, a 10-percent royalty, a production bonus, an administration fee, and then, once production commences, revenue will be calculated according to a production-sharing model as opposed to a royalties model.
Under the production-sharing model, contractors' quarterly profits will be according to the "R-Factor," which will be calculated by dividing the contractor's cumulative net revenue by the amount of cumulative capital expenditures.
If the R-Factor is greater than 2, the contractor's profit share is 60 percent, 70 percent if it's less than 2 but greater than 1.5, 80 percent if it's greater than 1 and less than 1.5, and 90 percent is it's less than 1.
"Your terms aren't competitive—not with that R-Factor," said one member of the audience who identified himself as an independent oil and gas developer operating out of the Bakken shale play of North Dakota. He said his state and federal taxes are much less in North Dakota than they would be if he were to operate offshore Croatia, according to the terms outlined by the Croatian government.
"We are in Europe, not North Dakota," rebutted Leveric.
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Vaginal discharge actually serves an important housekeeping function in the female reproductive system. It is normal to have clear or milky fluid flowing out of the vagina each day, carrying out old cells that have lined the vagina and bacteria to keep it clean and helps prevent infections. A pink vaginal discharge you experience may or may not be normal, depending on additional symptoms accompanied it. A discharge stained with blood when you are not having your period, whether it is normal or not, may require immediate medical attention. With limited information provided, it is difficult to assess the condition. You have stated that the pink vaginal discharge has been going on for about a month, but is the
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LIBERTY NATIONAL LIFE INSURANCE COMPANY v. WELDON 5 Div. 605.
100 So.2d 696 (1957)
LIBERTY NATIONAL LIFE INSURANCE COMPANY et al. v. Gaston WELDON.
Supreme Court of Alabama.
Rehearing Denied March 6, 1958.
Spain, Gillon & Young, Ralph B. Tate and Frank M. Young, Birmingham, and Reneau & Reneau, Wetumpka, for Liberty Nat. Life. Ins. Co.
Walter M. Robinson, Jr., Nashville, Tenn., Jas. A. Simpson, Chas. B. Robinson and Lange, Simpson, Robinson & Somerville, Birmingham, and Robt. S. Milner and Holley, Milner & Holley, Wetumpka, for National Life & Acc. Ins. Co.
T. B. Hill, Jr., Montgomery, W. H. Sadler, Jr., Birmingham, and Edwin Sanford,
Wetumpka, for Southern Life & Health Ins. Co.
Godbold & Hobbs and Truman Hobbs, Montgomery, for appellee.
LAWSON, Justice.
This is a suit by Gaston Weldon, who sues as the father of Shirley Dianne Weldon, deceased, his minor daughter, under § 119, Title 7, Code 1940, the so-called homicide statute, against Liberty National Life Insurance Company, a corporation; National Life & Accident Insurance Company, a corporation; and Southern Life & Health Insurance Company, a corporation.
We will sometimes hereafter refer to Gaston Weldon as the plaintiff, to his deceased child as Shirley, and to the defendant insurance companies as Liberty National, National Life and Southern Life.
Shirley died on May 1, 1952, when she was approximately two and one-half years of age. Prior to her death each of the defendant insurance companies had issued a policy wherein Shirley's life was insured. The policy of Liberty National in the amount of $500 was issued on December 1, 1951. National Life's policy in the amount of $1,000 was issued on or about April 23, 1952. The policy of Southern Life in the amount of $5,000 was issued in the latter part of March, 1952. Each of those policies was issued on an application of Mrs. Earle Dennison, who was an aunt-in-law of Shirley, that is, she was the widow of a brother of Shirley's mother. Each of the policies provided that the death benefits be paid to Mrs. Dennison. The Southern Life policy did contain a provision to the effect that Shirley's mother was a contingent beneficiary. The Liberty National policy was delivered to Mrs. Dennison on or about the day of its issue. The policy issued by National Life had not been delivered to Mrs. Dennison at the time of Shirley's death. At that time it was in the possession of the local agent to whom it had been sent by the home office in Nashville, Tennessee. The policy of Southern Life was delivered to Mrs. Dennison during the latter part of March, 1952.
The theory on which plaintiff seeks to recover damages from the defendants is that Mrs. Dennison had no insurable interest in Shirley's life and that the defendants knew or should have known that fact; and, that by reason of the wrongful and negligent issuance of the "illegal" policies of insurance Mrs. Dennison murdered Shirley with the hope of collecting the insurance proceeds.
The case was submitted to the jury on plaintiff's amended complaint which consisted of six counts, in each of which damages were claimed in the amount of $100,000. Counts 1 and 2 charge the defendants with wrongful acts in issuing policies of insurance in which the applicant-beneficiary had no insurable interest in the life of the insured, with Count 1 charging knowledge of the want of insurable interest on the part of the defendants, and Count 2 alleging knowledge or that by the exercise of reasonable diligence the defendants should have known that there was a lack of insurable interest. Counts 3 to 6 inclusive are grounded on negligent acts on the part of the defendants, with Counts 3 and 6 alleging that the acts of the defendants placed the insured child in a zone of danger, with unreasonable risk of harm to her and that the defendants in issuing the alleged illegal contracts of insurance knew, or by the exercise of reasonable diligence should have known, that the beneficiary, Mrs. Dennison, had no insurable interest in the life of the insured. Count 4 alleges a negligent act. Count 5 alleges a negligent act and pleads facts going to show a lack of insurable interest in Mrs. Dennison, the beneficiary. Each of the counts contains an averment to the effect that the wrongful or negligent acts of the defendant insurance companies concurred or united in proximately contributing to or causing the death of plaintiff's minor child.
To the complaint as last amended and to each of its counts the defendants separately demurred. The demurrers were overruled. The defendants' motions for change
We have given to the thousand-page record in this case and to the extensive briefs of counsel for the parties the laborious examination which a case of first impression deserves. We proceed to state, as briefly as we can, the conclusions we have attained in regard to the several assignments of error which are insisted upon in the brief filed here on behalf of the appellants. We will consider first those assignments of error which are relied upon by all of the appellants, the defendants below.
Assignment of Error No. 1 of each appellant is: "1. The Court erred in overruling this defendant's demurrer to the complaint as last amended." This assignment is not too general. Vinson v. Vinson, 256 Ala. 259,
Each of the counts in the complaint as last amended contained language substantially as follows: "* * * that said policies of insurance issued by the defendant insurance companies were illegal contracts for the reason that they tended to induce the beneficiary to bring about the death of the insured, the said Shirley Dianne Weldon, and said contracts did in fact so induce said beneficiary who thereafter in the hope of collecting the fruits of such wrongful contracts killed said minor child on, to-wit," etc.
If we understand the argument of appellants, it is that Mrs. Dennison is presumed to have known the law, that is, that the contracts of insurance were illegal and void, and hence those contracts could not have served as an inducement to kill.
In support of their argument appellants rely upon Gooch v. State, 249 Ala. 477, 31 So.2d 776, 174 A.L.R. 1297, a criminal case concerned with the elements necessary to constitute the crime of forgery wherein we held, in part: "So, a check given on Sunday, unless for one of the purposes permitted by law as set forth in the Sunday statute [§ 21, Title 9, Code 1940], would be void and not the subject of forgery." 249 Ala. 479, 31 So.2d 779.
We do not think the holding in the Gooch Case is in any way controlling here. We cannot lift out of context the criminal law rationale of that case and apply it to this case, where the averments of the complaint are clearly to the effect that Mrs. Dennison killed because she thought the policies were valid and that she would be paid the death benefits. In Dennison v. State, 259 Ala. 424,
The appellants, defendants below, in support of their argument that ground 33 of their demurrers was well taken, cite and quote from the case of Peckham v. Grindlay, 1885, 17 Abb.N.C., N.Y., 18 wherein it was held that a complaint by a brother to cancel an insurance policy wherein his sister was named as beneficiary was demurrable. The demurrer admitted the averments of the complaint to the effect that the sister had no insurable interest in her brother's life. But the New York court held that the complaint did not state a case for cancellation for two reasons. First, the plaintiff was estopped. The policy had been issued and accepted with his consent and premiums paid thereon for over twenty-three years. Second, the complaint contained no averments to the effect that plaintiff was in danger at the hands of his sister. Plaintiff's counsel took the position that the policy was void. The New York court observed that if void there was no occasion for a judgment directing the surrender and cancellation of the policy.
The complaint in the instant case shows no basis for the application of the doctrine of estoppel but it does show that the insured's life was in danger at the hands of the beneficiary. We are of the opinion that the averments of the bill in the Peckham Case, supra, present an entirely different situation from that presently before us and that the holding in that case is not here in point.
Ground 33, supra, is the only ground of the demurrer which is adequately argued in brief filed here on behalf of the appellants. The last paragraph of the argument in support of Assignment of Error No. 1 reads: "In addition to the foregoing, appellants are of the opinion that their several demurrers to the complaint as last amended should have been sustained for the additional reasons assigned elsewhere in this brief in support of assignment of error No. 24. They adopt said argument herein elsewhere assigned in support of assignment of error No. 24 as additional argument in support of this assignment of error." Assignment of Error No. 24 relates to the refusal of the general affirmative charge requested by the defendants and the argument made in support of that assignment is directed to alleged failure of proof, not of allegation. No ground of demurrer is referred to in that argument and we do not feel called upon to analyze that argument in an attempt to find some part or parts of it which might be said to show that one or more of the innumerable grounds of the demurrers were well taken.
There being no merit in the ground of the demurrers which we understand the appellants to have argued in brief filed here, we hold that error in overruling the demurrers is not made to appear.
Assignment of Error No. 8 of each appellant challenges the action of the trial court in overruling their motions for change of venue. In support of those motions, wherein they averred in effect that they could not get a fair and impartial trial in Elmore County, the defendants relied in the main on a newspaper story concerning this suit which appeared in the October 22, 1953, issue of the Wetumpka Herald, a newspaper widely circulated in Elmore County. The newspaper story pointed out the theory on which the plaintiff sought to recover damages from the defendants, the amount of damages claimed, the ruling of the trial court on the demurrers, the date the case was set for trial, and the fact that it involved questions of considerable interest to the legal profession and to the insurance business. The story also called attention to the fact, already known by most people in Alabama, that Mrs. Dennison had been electrocuted for the murder of Shirley and that she was the first white woman to be electrocuted for crime in Alabama. The newspaper account was concluded with these words in parentheses: "Not the $64,000 question but the $100,000 question."
We hold that no error resulted from the trial court's rulings on the motions for a change of venue, even if properly presented, which is not questioned by appellee, but see Kansas City, M. & B. R. Co. v. Sanders, 98 Ala. 293, 13 So. 57.
Assignment of Error 24 of each appellant reads: "24. The Court erred in failing and refusing to give to the jury, at the request of this defendant, the following written charge: `15. I charge you that if you believe the evidence in this case you cannot find for the plaintiff.'" In considering this assignment we review the evidence in the light most favorable to the plaintiff, for when an affirmative instruction is refused and the party who requested the charge appeals, the entire evidence is viewed in the light most favorable to the opposite party and where reasonable inferences may be drawn adverse to the party who requested the charge, the action of trial court in refusing the charge must be affirmed. Aircraft Sales & Service v. Gantt, 255 Ala. 508,
The evidence in this case shows beyond peradventure that Shirley was murdered by Mrs. Dennison. We will briefly summarize the facts which tend to support that statement. In the early afternoon of May 1, 1952, Mrs. Dennison drove to plaintiff's home, in rural Elmore County, where she found the plaintiff, his wife and their two children, Orville and Shirley. Shortly after Mrs. Dennison's arrival the plaintiff and his son left the home to attend to some duties around the farm. At the time of their return home Mrs. Dennison was engaged in serving some soft drinks which she had purchased at a nearby store. Mrs. Dennison divided an orange drink between Orville and Shirley. Shirley's drink was poured into a little cup that Mrs. Dennison provided. Shortly after she consumed her drink Shirley became very nauseated. After the nausea subsided Mrs. Dennison left the room but returned in a short time shaking a partially filled bottle of Coca-Cola, from which she gave Shirley a drink. Shirley again became violently nauseated and that condition continued until she became almost unconscious. At the mother's insistence Shirley was taken to Wetumpka in search of a doctor. She was admitted to a hospital in Wetumpka shortly after her arrival there. She died within a comparatively short time after she was admitted to the hospital.
Dr. Rehling, the Director of the Department of Toxicology of this state, testified that an autopsy which he performed revealed arsenic in fatal quantities in Shirley's body and expressed the opinion that the child died as the result of arsenic taken through her mouth. He testified that he found traces of arsenic on articles of clothing worn by Shirley and by Mrs. Dennison at the time the drinks were served and he further testified that he found traces of arsenic in the cup from which Shirley drank. The appellants do not contend here that the evidence was not altogether ample to support a jury finding that Mrs. Dennison murdered the little girl.
The evidence is also clear to the effect that Mrs. Dennison murdered the child in order to collect insurance benefits payable
So it is clear that the harm which came to plaintiff's little girl was not caused by the direct act of any of the defendants, but by the intervening act of Mrs. Dennison, who has paid with her life for her horrible crime.
But as before indicated, the plaintiff says, in effect, that such harm would not have come to his little girl if the defendants had not wrongfully or negligently issued to Mrs. Dennison the alleged illegal policies covering Shirley's life.
The plaintiff has proceeded against these defendants on the theory that Mrs. Dennison did not have an insurable interest in the life of Shirley and hence the policies involved were illegal and void as against public policy; that the defendants were negligent in the issuance of the policies in that they knew there was no such interest or failed to exercise reasonable diligence to ascertain that fact before issuing the policies, although there was a duty upon them to do so; and that the failure to perform that duty was in fact the proximate cause of the child's death.
The evidence was sufficient to show a lack of insurable interest. In the brief filed here on behalf of appellants reference is made to the case of National Life & Accident Ins. Co. v. Davis, 179 Ark. 621, 17 S.W.2d 312, which holds, in effect, that the relationship of aunt and niece, standing alone, is sufficient to provide an insurable interest. But such is not the law of this state. We have held to the contrary. Commonwealth Life Ins. Co. v. George, 248 Ala. 649, 28 So.2d 910, 170 A.L.R. 1032, and authorities cited. Our holding is in accord with that of most of the courts in this country. See Cooley's Briefs on Insurance (Second Ed.), Vol. 1, p. 385. Moreover, Mrs. Dennison was not an aunt of Shirley but an aunt-in-law and the courts seem to be in accord in holding that an in-law relationship in and of itself does not sustain an insurable interest. National Life & Accident Ins. Co. v. Middlebrooks, 27 Ala.App. 247, 170 So. 84; National Life & Accident Ins. Co. v. Ball, 157 Miss. 163, 127 So. 268; Cooley's Briefs on Insurance (Second Ed.), Vol. 1, pp. 386, 387.
Most certainly the evidence in this case does not show as a matter of law that Mrs. Dennison had an insurable interest in Shirley because she had a reasonable expectation of possible profit or advantage to her from the continued life of Shirley. Helmetag's Adm'r v. Miller, 76 Ala. 183; Commonwealth Life Ins. Co. v. George, supra. Mrs. Dennison did not provide a home for Shirley. They lived in different towns several miles apart. Shirley lived in the home of her parents with her brother and sister and received her entire support from her parents. She saw Mrs. Dennison only when the latter made her infrequent visits to the home of Shirley's parents. Shirley had spent only one night under a roof with Mrs. Dennison and that was on an occasion when her entire family spent the night in the Dennison home and that visit was made while Mr. Dennison, the brother of Shirley's mother, was living. Mrs. Dennison had given Shirley a few presents but they were of very little value
Since the jury was authorized under the evidence to find that Mrs. Dennison had no insurable interest in the life of Shirley, a finding that the policies of
In 1884 in the case of Helmetag's Adm'r v. Miller, supra, Mr. Justice Somerville, writing for the court, said in part as follows:
"No principle of the law of life-insurance is at this day better settled, than the doctrine, that a policy taken out by one person upon the life of another, in which he has no insurable interest, is illegal and void, as repugnant to public policy. 3 Kent's Com. (11th Ed.) 462-63. Such contracts are aptly termed `wager policies,' and are entitled to no higher dignity, in the eye of the law, than gambling speculations, or idle bets as to the probable duration of human life. There is no limit as to the insurable interest which a man may have in his own life; but there are forcible reasons why a mere stranger should not be permitted to speculate upon the life of one whose continued existence would bring to him no expectation of possible profit or advantage. All wagers, at common law, were not illegal, but only such as were contrary to good morals or sound policy. Chitty, Contr. 468. The statutes of this State make all contracts by way of gaming or wagering void. Code, 1876, § 2131; Hawley v. Bibb, 69 Ala. 52. However this may be, wager policies, or such as are procured by a person who has no interest in the subject of insurance, are undoubtedly most pernicious in their tendencies, because in the nature of premiums upon the clandestine taking of human life. * * *
"* * * The reason of the law which vitiates wager policies is the pecuniary interest which the holder has in procuring the death of the subject of insurance, thus opening a wide door by which a constant temptation is created to commit for profit the most atrocious of crimes. * * *" (Emphasis supplied.) 76 Ala. 186-187.
The holding in the Helmetag case, supra, has been consistently followed by this court. National Life & Accident Ins. Co. of Nashville, Tenn. v. Alexander, 226 Ala. 325, 147 So. 173, and cases cited; Commonwealth Life Ins. Co. v. George, supra. That holding is in accord with that of a vast majority of the courts of other jurisdictions. See Cooley's Briefs on Insurance (Second Ed.), Vol. 1, p. 330; Richards on Insurance (Fifth Ed.), Vol. 1, § 92, p. 381; 44 C.J.S. Insurance § 200; 29 Am. Jur., § 318.
From the evidence presented the jury was well justified in finding that none of the defendants before issuing the policies of insurance made reasonable effort to ascertain whether Mrs. Dennison did in fact have an insurable interest in Shirley's life.
Mrs. Dennison apparently stated to the agents of each of the defendant insurance companies that she was Shirley's aunt because that relationship is shown on each application. But as we have shown, that relationship standing alone was not sufficient to sustain an insurable interest and, in fact, Mrs. Dennison was only an aunt-in-law.
We will state as briefly as possible the evidence as it relates to the issuance of the insurance policies, which statement, of course, is based on the evidence most favorable to the plaintiff below, the appellee here.
As heretofore shown, the first of the three policies issued on the life of Shirley with which we are presently concerned was that issued by Liberty National. The application was taken by J. M. Stoudemire, who was Liberty National's superintendent in Elmore County. Stoudemire was a lifelong friend of the plaintiff and saw him almost daily, but he never told plaintiff or Mrs. Weldon that the policy had been issued and that policy was in force about five months before Shirley was killed. Cecil Bailey, an agent of Liberty National, delivered the policy to Mrs. Dennison and collected the premiums from her. Bailey admitted
The application for the Southern Life policy was obtained from Mrs. Dennison on January 24, 1952, by Eugene Keener, who had been an agent for that company for fourteen years. Keener met Mrs. Dennison on the day the application was taken at the hospital in Wetumpka where she worked. He had never seen her before, but accepted her application for a $5,000 policy on Shirley's life and accepted from Mrs. Dennison the sum of $8.20 as payment of her first premium. At that time Keener had never seen Shirley or her parents, but later on the same day he drove to the Weldon home in compliance with a rule of his company that he certify to the company that he "has seen the child." When Keener arrived at the Weldon home he saw Shirley and Mrs. Weldon. He told Mrs. Weldon that Mrs. Dennison wanted to take out an educational policy on Shirley. Upon being told by Mrs. Weldon that he would have to see Mr. Weldon about the policy, Keener replied that the policy could not be written until Shirley had been examined by the family doctor. No such examination was ever made and Shirley's parents did not know until after her death that the policy had in fact been issued in March of 1952. Keener forwarded Mrs. Dennison's application to the district office where it was received on January 28, 1952. According to Keener's testimony, only one further act remained to be done and that was for Mrs. Dennison to get a medical certificate stating that Shirley had been examined by a doctor who found her in good health. Keener went to Mrs. Dennison and inquired about the delay. Nearly two months after the application was taken Mrs. Dennison obtained a medical certificate. The certificate was not executed by the family doctor, or even by a doctor connected with the hospital where Mrs. Dennison worked as a nurse. It was executed by a doctor who did not live or work in Wetumpka or in the community where the Weldon family lived. Mrs. Dennison drove to the doctor's office in another town and by false statements and because of prior friendship, although she had not seen him in eight years, persuaded him to sign a medical certificate stating that he had examined the child when, in fact, he had never seen
The application for the National Life policy was taken in late March or early April by S. M. Oxford, an agent of that company, who had never talked to Mrs. Dennison prior to the day on which the application was obtained. At the time he took the application Oxford knew that Mrs. Dennison, while working in Wetumpka, lived in Holtville and that Shirley lived with her parents in Claud, a community situate several miles from Holtville and Wetumpka. Mrs. Dennison told Oxford that she had no dependants but made no representation that she supported Shirley. In answer to a question as to what insurable interest he found, he replied: "Well, the fact that she wanted an educational policy for her niece and the fact that her parents couldn't afford to pay for it. * * * Well, that coupled with the fact that she said she was always doing something for the child and buying it shoes and things. She just seemed interested in the child and she commented on it highly." Oxford went to the Weldon home a few days after he received the application. The evidence is in direct conflict as to what occurred on that occasion but when viewed in the light most favorable to the plaintiff it shows that Mr. Weldon, the plaintiff, told Oxford he did not want anybody taking out insurance on his children and that if he needed any insurance he would contact Oxford. The evidence for the plaintiff is to the effect that neither he nor his wife had any knowledge of the fact that the policy had been issued.
We repeat what we said above to the effect that the jury could well find from the evidence presented that none of the insurance companies were concerned about the matter of insurable interest and did not undertake to exercise reasonable care not to issue a policy to a beneficiary without insurable interest.
The conclusions which we have reached above, namely, that the evidence was sufficient to show that Shirley was murdered and the policies were void because of lack of insurable interest and were, in effect, negligently issued do not, of course, determine the liability of the defendants. For all negligence is not actionable. To be actionable it must be the breach of a duty which the defendant owed the plaintiff as an individual or one of a class (Stowers v. Dwight Mfg. Co., 202 Ala. 252, 80 So. 90) and the plaintiff must not only show causal connection between the negligent breach of the duty but that such negligence was the proximate cause of the injury. Alabama Power Co. v. Bass, 218 Ala. 586, 119 So. 625, 63 A.L.R. 1.
The defendants below, the appellants here, assert with considerable emphasis in briefs filed in this court that there was no duty on them to determine whether Mrs. Dennison at the time the policies were issued had an insurable interest in the life of the plaintiff's minor daughter. Of course, if there was no such duty the defendants
Does a life insurance company have the duty to use reasonable care not to issue a policy of life insurance in favor of a beneficiary who has no interest in the continuation of the life of the insured?
No case has come to our attention where this specific question has been considered by any court. But we are of the opinion that such a duty exists, for there is a duty upon all to exercise reasonable care not to injure another. Weston v. National Manufacturers & Stores Corp., 253 Ala. 503,
The position of the defendants seems to be that if murder results the insurance companies are, of course, sorry that the insured met with such a fate, but they have no liability if there is no insurable interest although they can treat such policies as completely void. If an early death from natural causes makes the policy unprofitable, the defendants can and do refuse to pay the beneficiary for the reason that such policies are void. In other words, the defendants seem to be of the opinion that the insurable interest rule is to protect insurance companies. We do not agree. The rule is designed to protect human life. Policies in violation of the insurable interest rule are not dangerous because they are illegal; they are illegal because they are dangerous.
As we have shown, it has long been recognized by this court and practically all courts in this country that an insured is placed in a position of extreme danger where a policy of insurance is issued on his life in favor of a beneficiary who has no insurable interest. There is no legal justification for the creation of such a risk to an insured and there is no social gain in the writing of a void policy of insurance. Where this court has found that such policies are unreasonably dangerous to the insured because of the risk of murder and for this reason has declared such policies void, it would be an anomaly to hold that insurance companies have no duty to use reasonable care not to create a situation which may prove to be a stimulus for murder.
The defendants say in their brief: "The adoption of the theory contended for on behalf of the plaintiff would place upon an insurance company an impossible burden." Yet in all three insurance policies involved in this case there is the statement that at one time or another the insurance company may require proof of insurable interest. Why is it any more of an "impossible burden" to require an insurance company to exercise reasonable care to determine whether the beneficiary has an insurable interest in the insured before it issues the policy of insurance than after the insured is dead? If the effort to determine the question of insurable interest is asserted before the issuance of the policy it may prevent the creation of the risk of murder. The purpose of such an inquiry made after death is to effectuate a saving to the insurance company of the payment of the amount of the insurance carried.
The fact that this precise question does not seem to have been brought before the courts on previous occasions cannot deter us from declaring that the duty which is upon all persons to exercise reasonable care not to injure another requires of life insurance companies the exercise of reasonable care not to issue policies of life insurance in favor of a beneficiary who has no interest in the continuation of the life of the insured, a policy which is void as against public policy because it opens "a wide door by which a constant temptation is created to commit for profit the most atrocious of crimes." Helmetag's Adm'r v. Miller, supra.
Persons who perpetrate torts are, as a rule, responsible and only responsible for the proximate consequences of the wrongs they commit. In other words, unless the tort be the proximate cause of the injury complained of, there is no legal accountability. Our court has repeatedly dealt with and defined "proximate cause." Quite a number of definitions are quoted in Western Railway of Alabama v. Mutch, 97 Ala. 194, 11 So. 894, 21 L.R.A. 316; Mobile & Ohio R. Co. v. Christian Moerlein Brewing Co., 146 Ala. 404, 41 So. 17; Garrett v. Louisville & N. R. Co., 196 Ala. 52, 71 So. 685; and in Dye-Washburn Hotel Co. v. Aldridge, 207 Ala. 471, 93 So. 512. But there is very little use of reviewing our many cases where the question of proximate cause is involved. There are differences in almost every case, and ofttimes the case turns on a slight difference of facts. The general principles of law in relation thereto have been frequently stated and are not so difficult as is their application to the particular circumstances of each individual case.
Here we have an intervening cause, the criminal act of Mrs. Dennison. The many decisions of this court dealing with negligence as the proximate cause, when some agency has intervened and has been the immediate cause of the injury, hold the party guilty of negligence in the first instance is not responsible, unless at the time of the original negligence the act of the agency could have been reasonably foreseen. If the act of the intervening agency could have been reasonably foreseen the causal chain is not broken. But if the injury results from an independent, intervening, efficient cause, not reasonably to be anticipated, to wit, the act of a third person, the negligence shown, if any, is not the proximate cause of the injury. Clendenon v. Yarbrough, 233 Ala. 269, 171 So. 277; Louisville & N. R. Co. v. Maddox, 236 Ala. 594, 183 So. 849, 118 A.L.R. 1318; Louisville & N. R. Co. v. Courson, 234 Ala. 273, 174 So. 474, and cases cited; Mahone v. Birmingham Electric Co., 261 Ala. 132,
Appellants assert that a person is not liable for the intervening willful, criminal act of another. The case of Garrett v. Louisville & N. R. Co., supra, is cited and the opinion in that case does contain this language:
"After a full discussion of this subject, Mr. Freeman, in noting some differences in the cases where the subsequent act of the third person is merely negligent, concludes:
"`But the courts, at least in this country, refuse to hold a tort-feasor liable for the results of a subsequent act which is willfully wrong, unless that act was actually intended by him.' Gibson v. Delaware, etc., Canal Co., 65 Vt. 213, 26 A. 70, 36 Am.St.Rep. 802, note, 807, 842, 843, citing the authorities." 196 Ala. 54, 71 So. 686.
But the decision in the Garrett case went off on the fact that the "willful independent" act of the third person was "neither intended nor anticipated by the defendant." We do not consider the Garrett case, supra, as being authority for the proposition asserted by the defendants.
"* * * It is sufficient to say that count 1 was not subject to any of the grounds of demurrer, and the sufficiency of same is supported by the case, cited by counsel for appellant. Birmingham R., L. & P. Co. v. Ely, 183 Ala. 382, 62 So. 816. It is true the opinion in said case condemns count 1 there considered, but it must be noted that the opinion was not concurred in by the court, as a majority held that said count was sufficient."
We have been cited to a number of cases from other jurisdictions by counsel representing the parties to this litigation which treat the matter of intervening criminal acts of third persons. It is, of course, quite impossible to review all of them in detail within the limits of an ordinary opinion. But our reading of the cases, not only those cited by the plaintiff, but many of those cited by the defendants, show the majority rule to be that stated in the Restatement of the Law of Torts by the American Law Institute, § 448, as follows:
"The act of a third person in committing an intentional tort or crime is a superseding cause of harm to another resulting therefrom, although the actor's negligent conduct created a situation which afforded an opportunity to the third person to commit such a tort or crime, unless the actor at the time of his negligent conduct should have realized the likelihood that such a situation might be created thereby and that a third person might avail himself of the opportunity to commit such a tort or crime.
* * * * * *
"a. The rule stated in this Section applies when the actor's conduct creates a situation which is utilized by a third person to intentionally inflict harm upon another or provides a temptation thereto to which the third person yields, the actor having no reason to expect that the third person would so act. Under the rule stated in this Section, the actor is not responsible for the harm thus inflicted merely because the situation which his negligence has created has afforded an opportunity or temptation for its infliction.
"b. When special grounds for anticipating criminal action by third person. There are certain situations which are commonly recognized as affording temptations to which a recognizable percentage of humanity is likely to yield. So too, there are situations which create temptations to which no considerable percentage of ordinary mankind is likely to yield but which, if created at a place where persons of peculiarly vicious type are likely to be, should be realized as likely to lead to the commission of fairly definite types of crime. If the situation, which the actor should realize that his negligent conduct might create, is of either of these two sorts, an intentionally criminal or tortious act of the third person is not a superseding cause which relieves the actor from liability."
The following authorities appear to hold that whether or not an intervening act is criminal in nature is a fact to be considered in determining whether such act was reasonably foreseeable. But intervening criminal acts may be found to be foreseeable and, if so found, actionable negligence may
We cannot agree with the defendants in their assertion that we should hold as a matter of law that the murder of the young girl was not reasonably foreseeable. They created a situation of a kind which this court and others have consistently said affords temptation to a recognizable percentage of humanity to commit murder. We quote again from the case of Helmetag's Adm'r v. Miller, 76 Ala. 183: "The reason of the law which vitiates wager policies is the pecuniary interest which the holder has in procuring the death of the subject of insurance, thus opening a wide door by which a constant temptation is created to commit for profit the most atrocious of crimes." (Emphasis supplied.)
The question of proximate cause was properly left for the jury's determination.
As we have heretofore observed, each of the counts in the complaint contains an averment to the effect that the wrongful or negligent acts of the three insurance companies concurred or united in proximately contributing to or causing the death of plaintiff's minor child. Defendants say there was a failure of proof in that regard and hence assert that the trial court erred in refusing to give the affirmative instruction presently under consideration. The proof which appellants say is absent and which they contend is essential was that going to show "that any defendant company knew what the other defendant companies were doing in this connection."
Such proof was not essential under this complaint. It has been settled in this state for a long time that if damage has resulted from concurrent, wrongful acts of two or more tort-feasors they may be sued jointly or severally and the act of each may be counted on as the proximate cause of the injury. Hall v. Seaboard Air Line R. Co., 211 Ala. 602, 100 So. 890; Watt v. Combs, 244 Ala. 31, 12 So.2d 189, 145 A.L. R. 667; Caudle v. Birmingham Electric Co., 247 Ala. 34, 22 So.2d 417; Campbell v. Jackson, 257 Ala. 618,
We believe that there was presented a question for the determination of the jury as to the liability of the defendants. Accordingly we hold that the trial court did not err in refusing the affirmative charge with hypothesis as requested by the defendants.
The pertinent rule is that articles or objects which relate to or tend to elucidate or explain the issues or form a part of the transaction are admissible in evidence when duly identified and shown to be in substantially the same condition as at the time of the occurrence. The preliminary proof identifying and describing the dress or sun suit complied with the rule and that article was admitted in evidence without error. Dennison v. State, 259 Ala. 424,
Assignment of Error No. 59 of each appellant reads: "The Court erred in overruling this defendant's motion for a mistrial based upon the improper statements of counsel for the plaintiff made in the presence of the jury." (R. 721-729.) This court has held in several cases that assignments of error couched in such general language will not be considered. Hall v. Pearce, 209 Ala. 397, 96 So. 608; Jackson Lumber Co. v. Butler, 244 Ala. 348, 13 So.2d 294; Almon v. Commission of Education of Cullman County, 265 Ala. 489,
We hold that Assignment of Error No. 59 does not present cause for reversal.
Assignment of Error No. 62 of each appellant reads: "The Court erred in entering an order on the 20th day of August, 1954, overruling this defendant's motion for a new trial." A general assignment of error on appeal grounded on the refusal of the trial court to grant a motion for a new trial is sufficient to invite a review of that ruling as to any ground well stated in the motion and properly argued by appellant. Grimes v. Jackson, 263 Ala. 22,
The only grounds of the motions for new trial which appellants argue in support of Assignment of Error No. 62 are those which take the point that the verdict is grossly excessive.
Section 119, Title 7, Code 1940, the statute under which this action was brought, provides that for the wrongful death of a minor child the persons there
The verdict rendered in this case is large, perhaps the largest to come before this court in a case brought under the so-called homicide statute, §§ 119 and 123, Title 7, Code 1940. But the trial court refused to disturb the amount of the verdict and we have held that when such is the case we will not order a reduction unless the verdict is so excessive as to indicate passion, prejudice, corruption or mistake. Montgomery City Lines, Inc., v. Davis, 261 Ala. 491,
We hold that the trial court did not err in overruling those grounds of the motion for new trial which are argued here as having been well taken.
We come now to a consideration of those assignments of error argued in the brief of appellants which do not apply to all of them.
Liberty National's Assignment of Error No. 66 P is based on the refusal of the trial court to give its written requested charge L36, which reads: "I charge you that if you believe the evidence in this case you cannot find for the plaintiff against the defendant, Liberty National Life Insurance Company."
In support of its contention that the trial court erred in refusing to give the above-quoted affirmative instruction, Liberty National asserts that the policy it issued to Mrs. Dennison covering the life of Shirley is an industrial policy which requires no insurable interest on the part of the beneficiary in the life of the insured, hence, the issuance of the policy could not have constituted a wrongful or negligent act as claimed by the appellee, the plaintiff below.
In State ex rel. Highsmith v. Brown Service Funeral Co., 236 Ala. 249, 252, 182 So. 18, 20, this court observed: "True, industrial insurance is a form of life insurance, but it is distinctive in character and is classed in the Code with mutual aid and benefit insurance, though it has features distinctive from them as well as from ordinary and other old line insurance." But the distinctions were not pointed out in that case and in so far as we are advised neither this court nor the legislature has undertaken to define industrial insurance, although Art. 1, Chapter 10, of Title 28, Code 1940, deals with "Mutual Aid, Benefit or Industrial Companies or Associations."
The courts of some other states have said that in a general sense, "industrial insurance"
The case last cited is one of the two cases cited by Liberty National in support of this assignment of error. In that case industrial insurance is described thusly: "It is a form of insurance written for a small limited amount payable at death, in consideration of a premium collected at short, fixed intervals, and is not unlike burial insurance, or death benefits, since its benefits ordinarily accrue to the insured rather than to another." In Fulcher v. Parker, 169 Va. 479, 194 S.E. 714, the other case cited by Liberty National in connection with the matter presently under consideration, it was said in part as follows: "Industrial insurance is designed to meet the immediate need of those usually in indigent circumstances, and to cover expenses of one's last illness, burial, etc."
Liberty National's policy presenty under consideration is labeled "Special Monthly Endowment Insurance" on the cover and is described as "Endowment Insurance" on the front page, but it is in a comparatively small amount, $500, and the premiums were payable monthly.
However, the policy would have matured on the anniversary following insured's seventeenth birthday, and at such time the proceeds were payable to the insured, unless prior payment had been made by the death of the insured. This manner of payment certainly was not the creation of a funeral and burial fund. Several options were provided for any proceeds going to the beneficiary by reason of the death of the insured. Option No. 1 is cash, Option No. 2 is installment payments of $10 per week, which is in our opinion wholly inconsistent with the general objective of "industrial insurance" as stated in the cases referred to above. In view of these distinctions we are unwilling to say that Liberty National's policy was one of "industrial insurance."
But even if we be in error in our conclusion that the policy here under consideration is not one of "industrial insurance," we are clearly of the opinion that it is not that kind of policy which the courts of some states have held to require no insurable interest on the part of the beneficiary in the life of the insured.
It is not every small policy which provides for premium payments to be collected at short, fixed intervals that some courts have excepted from the general rule that requires the beneficiary to have an insurable interest in the life of the insured. That exception applies only when the policy has a facilitating clause whereby the company is allowed to pay the amount due under the policy to the beneficiary or to the one who may appear to the company to be equitably entitled thereto. In the case of Fulcher v. Parker, supra, relied upon by Liberty National, two of the policies involved did not name a beneficiary and the other contained a facilitating clause of the kind outlined above. That the exception is so limited is demonstrated by that part of the opinion of the Court of Appeals of Kentucky in Newton v. Hicks' Adm'r, 282 Ky. 226, 138 S.W.2d 329, hereafter quoted:
"* * * Where an industrial policy contains a facilitating clause allowing the company to pay the amount due under the policy to the beneficiary, or to the one who may appear to the company to be equitably entitled thereto, the Nelson case [Metropolitan Life
There is a clause in the policy issued by Liberty National and involved in the instant case which reads as follows:
"Beneficiary.—By written notice to the Company the Insured may from time to time name a new beneficiary, subject to evidence of insurable interest satisfactory to the Company, but no such change shall be effective until endorsed on this policy by the Company.
"If the beneficiary die before the Insured the Estate of the Insured shall then automatically become the Beneficiary thereof. If the beneficiary fail to file claim with the Company within sixty days after the death of the Insured, then the Company may make payment to any relative by blood or marriage, or to any person appearing to the Company to be equitably entitled to such payment because of having incurred expense for the maintenance, medical attention or burial of the Insured. If the Beneficiary is a minor, or is otherwise not legally qualified to give a valid release at the time of payment hereof the Company may make payment to any person who furnishes evidence satisfactory to the Company that such person is responsible for, or is actually contributing to the support of the Beneficiary." (Emphasis supplied.)
Under the provisions quoted above, the insured could not change the beneficiary within written notice to the company and then only upon "evidence of insurable interest satisfactory to the Company." That part of the quoted clause which we have italicized does provide that "the Company may make payment to any relative by blood or marriage, or to any person appearing to the Company to be equitably entitled to such payment because of having incurred expense for the maintenance, medical attention or burial of the Insured," but that right exists only in the event "the Beneficiary fail to file a claim with the Company within sixty days after the death of the Insured." The right of the beneficiary within the sixty-day period following the death of the insured to demand payment of the proceeds of the policy refutes the contention of Liberty National that the clause here under consideration has the same effect as the true facility of payment clauses contained in some of the policies involved in the Virginia and Kentucky cases to which we have alluded.
There is yet another reason why we cannot agree with the assertion of Liberty National to the effect that its policy required no insurable interest. Regardless of
In view of the foregoing, we hold that there is no merit in Liberty National's Assignment of Error No. 66 P.
Southern Life's Assignment of Error No. 66 K challenges the action of the trial court in refusing to give its requested written charge S19, which reads: "The court charges the jury that, if you believe the evidence in this case, you cannot find a verdict in favor of the plaintiff and against the Southern Life & Health Insurance Company under Count 1 of the complaint as amended."
Southern Life did not issue its policy until after it had received a medical certificate signed by a licensed physician of this state. This certificate was to the effect that the doctor whose name was signed thereto had examined Shirley and had found her and her parents to be in good health; that the living conditions and moral character of the parents or guardian were not such as would effect the risk; that the examination was conducted in the child's home; and, that he "advised the risk without qualification." This certificate is completely false. The doctor had not examined the child nor had he ever visted in her home. He was unfamiliar with her surroundings. However, he apparently had confidence in Mrs. Dennison and at her request signed a blank medical certificate which Mrs. Dennison apparently completed later and which she then sent to Southern Life.
But the fraud of Mrs. Dennison and the negligence or fraud of the doctor is in our opinion utterly immaterial as a defense to the charge that Southern Life wrongfully issued the policy in that it failed to discharge the duty upon it to take reasonable steps to determine that Mrs. Dennison had an insurable interest in the insured. There is nothing in the certificate which even remotely bears on the question of insurable interest and neither the child nor her parants had anything to do with the execution of that false certificate.
We hold that there is no merit in the argument made by Southern Life in support of its Assignment of Error No. 66 K.
National Life's Assignment of Error No. 66 A questions the action of the trial court in refusing to give its written requested charge 1 N, which reads: "The Court charges you that if you believe the evidence in this case you cannot find for the plaintiff and against the defendant the National Life and Accident Insurance Company."
The argument made by National Life in support of its contention that the trial court erred in refusing to give the above-quoted affirmative instruction is to the effect that there is an entire absence of evidence going to show that the National Life policy could have been an inducement for Mrs. Dennison to murder Shirley inasmuch as she had no knowledge of the fact that the policy had been issued.
The application for the National Life policy signed by Mrs. Dennison bears date of April 7, 1952, but the evidence shows that she actually signed it several days prior thereto. It was on that day that Mrs. Dennison paid the first month's premium which had to accompany the application, so apparently it was that date which
"* * * Such deposit will be returned (a) if application is declined or (b) if a policy is issued other than as applied for and Applicant declines to accept it. No insurance is in force on such application unless and until a policy has been issued thereon and delivered in accordance with the terms of such application except that when such deposit is equal to the full first premium on the policy applied for and such application is approved at the Home Office of the Company for the Class, Plan and Amount of insurance and at the rate of Premiums as so applied for, then, without affecting the Insurance Date and anniversaries thereof as set forth in the policy, the insurance applied for will be in force from the date of this receipt, but no obligation is assumed by the Company unless and until such application is so approved.
* * * * * *
"* * * If the application for the policy applied for is declined or postponed by the Company, the amount deposited must be returned to Applicant who will receipt for it below."
The application was accepted by National Life on or about April 23, 1952. The policy issued thereon bears date of April 25, 1952. The policy was mailed to National Life's agent in Wetumpka, Alabama, on or about April 29, 1952. The agent had not delivered the policy to Mrs. Dennison at the time of Shirley's death. He had the policy in his pocket at that time. According to the agent's testimony, he had not notified Mrs. Dennison of the fact that her application had been accepted or that the policy had been issued and mailed to him. His testimony was to the effect that he had not had any conversations whatsoever with Mrs. Dennison subsequent to the date on which she paid the "deposit," April 7, 1952.
Aside from the lack of insurable interest, it seems clear that under the evidence set out above the National Life policy was "in force" at the time of Shirley's death, inasmuch as Mrs. Dennison had accompanied her application with a "deposit" which was "equal to the full first premium on the policy applied for" and the application had been approved by the home office of that company several days prior to the child's death. Under the terms of the "receipt" those circumstances were sufficient to cause the policy to be "in force" at the time of Shirley's death, assuming the beneficiary had an insurable interest. In other words, it would appear that if the question of insurable interest was not involved, National Life could not have successfully defended against a claim under the policy, if Shirley had died a natural death on May 1, 1952, on the ground that National's agent had neither delivered the policy to Mrs. Dennison nor notified her that it had been issued prior to the child's death.
Under the averments of this complaint, plaintiff was not entitled to recover against National Life simply on proof that the policy had been "in force" if Mrs. Dennison had had an insurable interest in Shirley's life. National Life was entitled to an affirmative instruction in its favor unless the evidence is sufficient to support a reasonable inference that Mrs. Dennison knew that the policy had been issued, inasmuch as the complaint charges that the issuance of the National Life policy acted as an inducement to Mrs. Dennison to murder Shirley.
There is no direct evidence going to show that Mrs. Dennison had knowledge of the fact that the National Life policy had been issued at the time she killed the child. But the rule is well established that in reviewing the action of the trial court in refusing the affirmative instruction requested by defendant, we review the tendencies
We think the fact that Mrs. Dennison did not act until after the National Life policy reached Wetumpka is sufficient to support a finding by the jury, under all of the circumstances of this case, that Mrs. Dennison had learned in some way that the policy had in fact been issued. The evidence tends to show that Mrs. Dennison's plot to end the life of Shirley as a means of securing money began as early as December 1, 1951, when Liberty National's policy was issued and delivered to her. The evidence further tends to show that the policy of Southern Life had been delivered to Mrs. Dennison prior to the time she made application to National Life, so at that time she had insurance on the child's life in the amount of $5,500. However, she did not act until after the National Life policy had been received by that company's representative in the city where she worked and where her application had been taken. As stated above, we think these circumstances sufficient to present a question for jury decision as to whether the issuance of the National Life policy acted to induce Mrs. Dennison to murder plaintiff's minor daughter.
We hold that National Life's Assignment of Error No. 66A does not present cause for reversal.
Knowledge may be established by circumstantial evidence even in the face of professions of ignorance. Kuchlik v. Feuer, 239 App.Div. 338, 267 N.Y.S. 256, affirmed 264 N.Y. 542, 191 N.E. 555; Woloszynowski v. New York Central R., 254 N.Y. 206, 172 N.E. 471.
The judgment of the circuit court is affirmed.
LIVINGSTON, C. J., and SIMPSON, GOODWYN and MERRILL, JJ., concur.
COLEMAN, J., dissents as indicated.
COLEMAN, Justice (dissenting).
I agree with the opinion of the majority except the holding that National Life was not entitled to the affirmative charge.
The opinion states that "National Life was entitled to an affirmative instruction in its favor unless the evidence is sufficient to support a reasonable inference that Mrs. Dennison knew that the policy had been issued * * *" and "There is no direct evidence going to show that Mrs. Dennison had knowledge of the fact that the National Life policy had been issued at the time she killed the child."
A conclusion that Mrs. Dennison had such knowledge must, therefore, rest on a reasonable inference from the matters as to which there was evidence. The majority appear to reason that since she could have had knowledge, the jury is permitted to conclude that she did have knowledge.
As it appears to me, such knowledge on the part of Mrs. Dennison, under all the circumstances of the case, does not follow as a reasonable conclusion from the fact that she did not act until after the policy reached Wetumpka. Such a conclusion, as I see it, rests on speculation or conjecture rather than reasonable inference.
Therefore, in the particular noted, I respectfully dissent.
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Reviews for Amends |
SassyReaderGirl chapter 1 . 11/25/2014 Wow. This is quite the start of something important! |
Me124 chapter 1 . 2/14/2014 Best writer of Rory and Logan I've ever read. Loved this! |
Shmarqs chapter 1 . 4/30/2013 This is an awesome prequel! I hope you get to develop it further! |
Vaneesa85 chapter 1 . 12/11/2012 Loving this story. Keep it going please |
JoPoGirlsKickAss chapter 1 . 12/10/2012 This way really good! Not at all what I expected, nor was I to keen on reading after Mitchum bumped into Rory, but this... this was fantastic. Well written, original, and an overall 'I can't stop reading this is so good' factor. |
radiate689 chapter 1 . 9/23/2012 Interesting |
primadonna001 chapter 1 . 12/29/2011 sequel? |
sfbxfcb chapter 1 . 11/4/2011 Wow! |
csimesser1 chapter 1 . 10/16/2011 that was great loved it |
fox24 chapter 1 . 10/8/2011 I love this how they both loved and lost Logan. I really like stories Mitch isen't the devil incarnate. I mean he is not a good dad but I think he really loves his son and I think he did like Rory and was honest with her. |
kitty j chapter 1 . 10/4/2011 Dearest Ms. Alpha-Numeric, You are a delightful writer. This could easily be stretched into something more if you were so inclined. If you write it, I will read it. Thank You, kitty j |
Katey chapter 1 . 9/29/2011 Please continue this story - you are a great writer and I really want to know what happens next! |
LoganRory Fan chapter 1 . 9/9/2011 Even though you have indicated that this is a one-shot story, it has the potential of a full multi-chapter story. I only hope that you will be inspired to write so. How different is Logan? Why? Will things turn around for the better for the three of them, especially their relationship with each other? Season 7 did not give any indications that Rory and Logan will part ways; we were all blindsided. Anyway, the producers probably were banking on a Season 8 to resolve whatever drama they had by Rory's graduation. Unfortunately, we were all left with a very crappy ending. "Amends" has great potentials... so please... this story might evolve to the ending we all need. |
iwannabegilmore chapter 1 . 9/9/2011 love it! update soon! |
middiegurl08 chapter 1 . 9/9/2011 Love this story! I always get sad when I read stories and years have passed with little interaction between Logan and Rory. And this story is no different. I like how touchpad to write Mitchum, and I'd love to see a continuance to this. Maybe with Rory going to California? ;) Thanks for sharing! |


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The Dow Jones Industrials (DJINDICES: ^DJI ) managed to bounce back a little on Friday, rising almost 45 points, and closing out what was shaping up to be a bad week on a somewhat positive note. Yet, as the small-cap sector of the stock market has underperformed the Dow substantially, some investors wonder whether the Dow is truly representative of the broader stock market. Indeed, even though the Dow purports to be an industrial index, it lacks even one representative from the iconic American industrial sector: automotive manufacturing. Eventually, the Dow Jones Industrials will need to admit an automaker to its ranks, and when it does, which will it be: General Motors (NYSE: GM ) , Ford (NYSE: F ) , or Tesla Motors (NASDAQ: TSLA ) ?
From an historical perspective, General Motors is the stock with the best claim to be in the Dow. After all, General Motors was a Dow component between 1925 and 2009, until the iconic automaker declared bankruptcy in the aftermath of the financial crisis. With a market capitalization of just $54 billion, General Motors would be among the smallest companies if it were admitted to the Dow Jones Industrials, and its share price of $34 would make it a relatively lightweight component in calculating the Dow's value.
Now that the government has divested its stake in General Motors, the managers who choose the Dow's components might be more willing at least to consider the move; but with a huge amount of potential liability hanging over the company as a result of recent recall scandals, General Motors shouldn't expect any sort of invitation until it can resolve troubling allegations about its behavior concerning alleged defects in its automobiles.
Ford also has plenty of arguments for deserving to be in the Dow. It's the only major automaker not to have taken a bailout during the financial crisis, and it avoided bankruptcy, as well. Ford's market capitalization is the largest of any automaker in the U.S. and, along with General Motors, Ford has a healthy dividend yield of more than 3%. Fundamentally, Ford's business continues to fire on all cylinders, with a host of new product rollouts coming in the next year that could carry the automaker into its next generation of success. Yet, from a feasibility standpoint, Ford's biggest obstacle in joining the Dow Jones Industrials is its share price, which at less than $16 per share, would give it almost no influence in the Dow at all.
Finally, Tesla Motors might not be in a position to join the Dow anytime soon, as it hasn't even made it into the less-exclusive ranks of the S&P 500. Given enough time, though, Tesla could well beat out its automaker peers to join the Dow, especially if its expansion plans go beyond the automotive industry to include broader applications for battery technology. Tesla's planned gigafactory could help reduce battery-cell costs, not only for use in Tesla Motors' vehicles, but also for storage of electricity collected from solar panels and other as-yet unknown uses. As a key input to electric-vehicle production, though, boosting battery production could enable Tesla to ramp-up overall vehicle throughput, putting it on a faster course to match Ford and General Motors, and potentially to join the Dow Jones Industrials in the long run.
The Dow Jones Industrials have gone without a car company for five years, and they can afford to go without one for a little longer. But in the end, it's likely that Ford, General Motors, or Tesla Motors will eventually get a Dow invitation, if only because an American stock market gauge without an American institution in the auto industry just doesn't make sense.
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There are two artists on last.fm with this name: 1. Belly, an alternative rock band from Boston which formed in 1991 2. Belly/Rebellyus, a rapper from Ottawa, Canada (1) An alternative rock band active from 1991 to 1996. Belly was formed in 1991 by former Throwing Muses members Tanya Donelly (also in The Breeders with Kim Deal) and Fred Abong. Based in Boston, Massachusetts (although all of the members were from Newport, Rhode Island), the band consisted of Donelly on lead vocals, Abong on bass, Tom Gorman on guitar, and Chris Gorman on drums. Read more about Belly on Last.fm.
Contributors: Tanya Donelly (instrument), Thomas Gorman (instrument), Belly (producer), Tracy Chisholm (producer), Chris Bigg (design/illustration), Graham Lewis (engineer), Tracy Chisholm (engineer), Linelle (engineer), Dave Buchanan (engineer), Fred Abong (instrument), Tanya Donelly (composer), Tanya Donelly (vocal), Michael Lavine (photography), Chris Gorman (photography), Chris Gorman (instrument)
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More info...Also from this album: Low Red Moon,Witch
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Related Labels: Rockport Records (distributor for), De-Mix (subsidiaries), R'n'D (distributor for), Frühstyxradio (distributor for), Our Choice (subsidiaries), Big Cat Records (distributor for), Roughmix (subsidiaries), achtung music (distributor for), 6:5 (distributor for)


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George Roy Hill
StatsBorn: 20 December 1921 Died: 27 December 2002 Born and residing in: United States Lists144 votes
The Idiot's Guide To Famous (Classic) Filmmakers
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Not to be confused with early-1930s MGM director George Hill (many historians do mix up the names, even though the earlier Hill died in 1934), American director George Roy Hill started out as a musician. He studied both at Yale and Trinity College in Dublin; it was there that Hill began an acting career with Cyril Cusack's company. After World War II, Hill shifted his interest to stage directing, and after further military service in Korea, he moved into TV as both director and writer. Hill dire
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- Contemporary, ceramic base is topped with a white-and-black, pleated drum shade, adorned with a retro-floral pattern.
- On/off socket switch.
- 8' L power cord.
- Dust with a soft, dry cloth.
- Measures 33" H x 18" W.
- Uses one 150-watt maximum or 26-watt CFL maximum medium base bulb (not included).
- UL listed.
- One-year warranty.
- Imported.


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Oct 16, 2013
Peru is considering both liability management and raising fresh debt funds before year-end as it gears up for additional spending on its domestic infrastructure program, its finance minister says. "We may have plans to do an LM transaction. We also have financing needs for a number of infrastructure projects, including the financing of the Lima metro...
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May 26, 2015 | The Grand Hyatt, Hong Kong
The Latin America-Asia- Fixed Income Workshop will connect Asian portfolio investors with Latin... more
May 28 - 29, 2015 | The Conrad, Tokyo, Japan
As Japan emerges from a decade and a half of deflation, opportunities to expand trade, investment,... more
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Returning to Chile for its ninth edition. The region's best attended capital markets event gathers... more
Will a strong dollar deter investors from LatAm bonds?
No, the yield-hunt goes on
Yes, but only retail investors
Yes, once the Fed raises rates
The strong demand that we saw in the yen market was historic, which allowed us to extend the maturity in a way that we wouldn't have thought possible in the past.
Alejandro Díaz de León, Mexico's head of public credit


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Company Overview of GenoMed, Inc.
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Jogarde (Freilauf | Zagreb) Josip "Pepi" Hubzin also known as Jogarde is a passionate DJ and music connoisseur with a residency at club Masters in Zagreb since 1999. He's owner of the celebrated clubnight in Zagreb called "Freilauf" where he introduced some of the world's most renowned disco & house afficionados to Croatia's capital audience.Jogarde's biography Jogarde Musician
#77371Wed, 7 May 2014Post a commentLN-CC Mix - JogardeMy mix for the LN-CC concept store in London. LN-CC is filled with brands from all areas of the product world, including international mainline designers through to underground Japanese street-wear. Hard to find/exclusive vinyl and out of print edition rarities in the book selection, audio hardware also features, from some of the most innovative and world acclaimed brands.jogarde
#71349Thu, 31 Oct 2013Post a commentBurek Podcast 008 - JogardeFor some, Burek is a pastry served hot or cold and filled with goodness. For many, Burek is a tastier label and agency filled with even more goodness. Here´s the podcast for Burek. Enjoy!jogarde
#69045Wed, 11 Sep 2013Post a commentan adriatic fadeout, a soundtrack, a feelingThe most beautiful people I have known are those who have known defeat, known suffering, known struggle, known loss, and have found their way out of the depths. These persons have an appreciation, sensitivity, and an understanding of life that fills them with compassion, gentleness, and a deep loving concern. This recording was a kind of soundtrack for that reunion. We met again with bags full of records, good company, fantastic food & wine in an unique adriatic surrounding.jogarde
#41451Mon, 13 Feb 2012Post a commentJogarde - Keep It Deep GuestmixThis is a podcast for the open-minded, contemporary german blog "keep-it-deep" which honestly prefers strolling around peaceful gardens, dense green forests and picturesque hiking trails to dark cold dusty cellars that are poetically described as clubs. Enjoy the ride! http://keep-it-deep.blogspot.com/2012/02/jogarde-keep-it-deep-guest-mix.htmljogarde
#32497Wed, 31 Aug 2011Post a commentJogarde - ER45 Podcast 010 - Adriatic CoolER (08-2011)An "adriatic cooler" for the more athmospheric sense of hearing. Enjoy!jogarde
#22281Fri, 11 Feb 2011Post a commentpeddaling light with jogardeAn interview and an exclusive mix for the online magazine "Dot that spot". Recorded at home on a rotary mixer, two turntables and a CDJ, a bag full of records, one bottle of Ivan Buhac Merlot and a few christmas cookies. Spot the truth, connect the dots superkids. One go - no return, let's fly!jogarde
#18045Thu, 11 Nov 2010Post a commentJogarde's RBMA mixA mix I made for RBMA a while ago which reflects and marks the landscape of the Freilauf parties I throw regular in Croatia. Done in pure admiration for all things. It's all vinyl (as usual) except track no.8 - mixed on a RANE rotary mixer and E&S Isolator made by Jerome for Gary Stewart Audio (GSA). The fun starts here, enjoy! jogarde


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Marine toxin warnings
The Washington Department of Health has issued several bans on the harvest of shellfish. In Clallam County, Pillar Point east to the Jefferson County line is closed to butter and varnish clams only.
The following beaches are closed to the recreational harvest of the species listed. All species means clams (including geoduck), oysters, mussels and other invertebrates such as snails. All areas are closed for the sport harvest of scallops.The following closures do not apply to shrimp. Crabmeat is not known to contain the PSP toxin, but the guts can contain unsafe levels. To be safe, clean crab thoroughly and discard the guts (butter).
In Clallam County extended seasonal closure of ocean beaches includes all species from
the Strait of Juan de Fuca from Cape Flattery eastward to Pillar Point; from Pillar Point east to the Jefferson County line, butter and varnish clams only; Discovery Bay. butter, varnish clams and geoduck clams only; and Sequim Bay, butter and varnish clams only.
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Audibility of a CD-Standard A/DA/A Loop Inserted into High-Resolution Audio Playback - September 2007
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AES E-Library
The Complete Response Function and System Parameters for a Loudspeaker with Passive Radiator
The response function, including all losses, for loudspeaker systems that use a passive radiator or a closed box is derived. It is shown that preferred system alignments, such as maximally flat ones, can be obtained while including both driver losses and internal enclosure losses that arise from the use of acoustic filling. A methodology for deriving the appropriate design curves is presented with an example. The process for obtaining system design parameters is explained, and it is shown how the properties of the filling material impact the design parameters. The additive effect of passive-radiator losses is presented, and a design method that compensates for these losses is outlined, including curves that provide the necessary correction factors for a particular case. The impact leakage losses and a method of measuring them are also presented. Lastly, a method for accurately determining the parameters p and - for an unknown passive radiator is presented in an appendix.
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follow Dictionary.com
What word does your mother always say?
1650s, probably a back-formation of origination. In earliest reference it meant "to trace the origin of;" meaning "to bring into existence" is from 1650s; intransitive sense of "to come into existence" is from 1775. Related: Originated; originating.
originate o·rig·i·nate (ə-rĭj'ə-nāt')v. o·rig·i·nat·ed, o·rig·i·nat·ing, o·rig·i·nates
To bring into being; create.
To come into being; start.


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Children's Literature - Last Updated Jun 4, 2014 CI 4300 Literature For Children, CI 4310 Literature For Middle Graders, CI 4320 Literature For Young Adults, CI 4360 Multicultural Literature, CI 4400 Reading In Middle Grades, CIEC 4510 Language and Literacy For Young Children,
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Video Details
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Runtime: 1:44
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3 years ago
Fuck man thats hot. i'd love to spend the rest of my life getting skull fucked just like that.
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Academy of Science Fiction, Fantasy & Horror Films, USA 1996
Nominated Saturn Award |
Best Single Genre Television Presentation
For the pilot.
Directors Guild of America, USA 1999
Nominated DGA Award |
Outstanding Directorial Achievement in Children's Programs Ron Oliver
For episode "Cry of the Cat".
Directors Guild of America, USA 1998
Nominated DGA Award |
Outstanding Directorial Achievement in Children's Programs Ron Oliver
For episode "The Perfect School".
Kids' Choice Awards, USA 1997
Nominated Blimp Award |
Favorite Television Show |
Online Film & Television Association 1997
Nominated OFTA Television Award |
Best Children's Series |
Television Critics Association Awards 1996
Nominated TCA Award |
Outstanding Achievement in Children's Programming |
Writers Guild of America, USA 1997
Won WGA Award (TV) |
Children's Script Dan Angel Billy Brown
For episode "The Cuckoo Clock of Doom".
Young Artist Awards 1997
Nominated Young Artist Award |
Best Performance in a Drama Series - Guest Starring Young Actress Tabitha Lupien |
YoungStar Awards 1997
Nominated YoungStar Award |
Best Performance by a Young Actor in a Saturday Morning TV Program Kyle Labine |