Cornell v. Mutual Life Insurance
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division Number One. — Hon. Joseph D. Perkins, Judge. (1) 'When an issue of fact is controverted, and oral testimony must be relied on to show the fact, the jury has the right to find against the testimony although it is uncontradicted. First State Bank v. Hommon, 124 Mo.
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Appeal from Jasper County Circuit Court, Division Number One. — Hon. Joseph D. Perkins, Judge. (1) 'When an issue of fact is controverted, and oral testimony must be relied on to show the fact, the jury has the right to find against the testimony although it is uncontradicted. First State Bank v. Hommon, 124 Mo. App. 177; Hunter v. Wellington, 205 Mo. 284. In old line insurance tie issuance of a policy immediately confers a vested right upon and raises an irrevocable trust in favor of tie party named as beneficiary, a right which no act of the insured can impair without the beneficiary’s…
1Opinion of the CourtSturgis, J.
This is a suit by the widow of C. A. Cornell to collect the amount of a policy of insurance on his life. The policy was issued August 2,1889, and provides that it becomes a paid-up policy after payment of premiums for twenty years. The insuance of the policy, the payment of all the premiums, the death of the assured, and that plaintiff Is his widow and named in the policy as beneficiary, are all admit*424ted. Among the provisions of the policy are these: “Surrender. This policy may be surrendered to the Company at the" end of the said first period of twenty years, and the full reserve computed by…
Also in this document: Concurrence.
2Cases cited33 opinions
- Cromwell v. . the Brooklyn Fire Ins. Co.New York Court of Appeals · 1870
- Crawford v. Kansas City Stock Yards Co.Supreme Court of Missouri · 1908
- Godman v. SimmonsSupreme Court of Missouri · 1892
- United States Casualty Co. v. KacerSupreme Court of Missouri · 1902
- Wakefield v. MartinMassachusetts Supreme Judicial Court · 1799
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3Cited by11 opinions
- Fendler v. RoySupreme Court of Missouri · 1932
- Missouri State Life Insurance v. California State BankMissouri Court of Appeals · 1919
- Helvering v. ParkerCourt of Appeals for the Eighth Circuit · 1936
- Postal Life and Casualty Insurance Co. v. TillmanMissouri Court of Appeals · 1956
- Rue v. MerrillWyoming Supreme Court · 1931
6 more not listed; retrieve them via the Exa API.