Sherman v. International Life Insurance
Supreme Court of Missouri
Appeal from Jackson Circuit Court. Hon. Thomas J. Seehorn, Judge., (1) This suit being one for money had and receded cannot be maintained by the plaintiff, and the court erred in not sustaining defendant’s demurrer. Dennin v. Woodbury, 160 M T. Supp. 650; Schhiffer v. Seitz, 83 N. Y. 300; Pryor y. Poster, 130 N. Y. 171; Love v. Yan Every, 18 Mo. App. 203; Steele v. Frazier, 139 Mo. App. 338; Mullinax v. Lowry, 140 Mo.
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Appeal from Jackson Circuit Court. Hon. Thomas J. Seehorn, Judge., (1) This suit being one for money had and receded cannot be maintained by the plaintiff, and the court erred in not sustaining defendant’s demurrer. Dennin v. Woodbury, 160 M T. Supp. 650; Schhiffer v. Seitz, 83 N. Y. 300; Pryor y. Poster, 130 N. Y. 171; Love v. Yan Every, 18 Mo. App. 203; Steele v. Frazier, 139 Mo. App. 338; Mullinax v. Lowry, 140 Mo. App. 45; Engine Co. v. Gras Engine Co., 49 Fed. 68; Bernays v. Wurmb, 4 Mo. App. 231. (2) The annuity certificate holders, including plaintiff and his assignors, were in court…
1Opinion of the Court
This is a suit for money had and received growing out of the issuance and sale by the Great Western Life Insurance Company of what it denominated annuity certificates.
There is no substantial controversy as to the facts. In the year 1906 there was organized under the laws of the State of Colorado a corporation known as the Great Western Agency Company, with an authorized capital of two million dollars. This company acquired an advantageous contract with an insurance company of Indiana, extending over a long period of time. Thereupon the stock in the Agency Company was sold to a great many…
2Cases cited10 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Parkersburg v. BrownSupreme Court of the United States · 1883
- Chapman v. County of DouglasSupreme Court of the United States · 1883
- First National Bank v. Guardian Trust Co.Supreme Court of Missouri · 1905
- Trimble v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Laughlin v. Boatmen's National BankSupreme Court of Missouri · 1945
- Phelan v. Middle States Oil CorporationCourt of Appeals for the Second Circuit · 1946
- National Reserve Co. of America v. Metropolitan Trust Co.California Supreme Court · 1941
- Beall v. Farmers' Exchange Bank of Gallatin (Mo. 1934)Supreme Court of Missouri · 1934
- Koppe v. CampbellMissouri Court of Appeals · 2010
7 more not listed; retrieve them via the Exa API.