Betancourt v. Logia Suprema, Etc.

Arizona Supreme Court

Betancourt v. Logia Suprema, Etc.

88 P.2d 83, 53 Ariz. 263, 1939 Ariz. LEXIS 201

CourtArizona Supreme Court

DecidedMarch 20, 1939

DocketCivil No. 3984.

StatusPublished

This text of 88 P.2d 83 (Betancourt v. Logia Suprema, Etc.) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Betancourt v. Logia Suprema, Etc., 88 P.2d 83, 53 Ariz. 263, 1939 Ariz. LEXIS 201 (Ark. 1939).

Pincite

Opinion

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 *Page 264 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.

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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 *Page 264 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.

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Bluebook (online)

88 P.2d 83, 53 Ariz. 263, 1939 Ariz. LEXIS 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/betancourt-v-logia-suprema-etc-ariz-1939.