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Betancourt v. Logia Suprema De La Alianza Hispano-Americana

Supreme Court of Arizona
Mar 20, 1939
88 P.2d 83 (Ariz. 1939)

Opinion

Civil No. 3984.

Filed March 20, 1939.

COSTS. — Where benefit society did not tender to beneficiaries amount of premiums paid on life policy until after filing of suit to recover on policy, and when tendered did not include costs beneficiaries had incurred up to time of tender, beneficiaries were entitled to judgment for premiums paid and this would have carried with it their costs in superior court.

See 7 Cal. Jur. 256; 14 Am. Jur. 9.

APPEAL from a judgment of the Superior Court of the County of Pinal. E.W. McFarland, Judge. (For former opinion, see ante, p. 151, 86 P.2d 1026.) On motion for rehearing. Judgment modified.

Mr. L.J. Cox, for Appellants.

Mr. Greg Garcia, for Appellee.


Appellants seek a rehearing upon the ground that they are entitled to judgment for the premiums paid, $3.80, if not for the face of the policy. These premiums were not tendered by appellee prior to the filing of suit to recover on the policy and did not when tendered include the costs appellants had incurred up to that time. This being the situation, judgment for $3.80 should have been rendered in favor of appellants, and this would have carried with it their costs in the superior court. The order entered by this court on February 6, 1939, affirming the action of the trial court in directing a verdict for appellee is modified to this extent.

ROSS, C.J., and LOCKWOOD, J., concur.


Summaries of

Betancourt v. Logia Suprema De La Alianza Hispano-Americana

Supreme Court of Arizona
Mar 20, 1939
88 P.2d 83 (Ariz. 1939)
Case details for

Betancourt v. Logia Suprema De La Alianza Hispano-Americana

Case Details

Full title:ALFONSO BETANCOURT, and SCCORRO BETANCOURT, a Minor, ENEDINA BETANCOURT, a…

Court:Supreme Court of Arizona

Date published: Mar 20, 1939

Citations

88 P.2d 83 (Ariz. 1939)
88 P.2d 83