Hanley v. Life Ass'n of America
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The custom of the defendant could not be shown to do away with the provisions of a contract. — 2 Pars, on Con. 59 ; Atkinson v. Allen, 29 Ind. 375 ; Raffert v. Scroggins, 40 Ind. 195; King v. .Enterprise Ins. Go., 45 Ind. 43. Where the insurer does nothing, up to the time of the death of the insured, to indicate that he considers the policy lapsed or commuted, it is then too late to insist upon a forfeiture.
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Appeal from St. Louis Circuit Court. The custom of the defendant could not be shown to do away with the provisions of a contract. — 2 Pars, on Con. 59 ; Atkinson v. Allen, 29 Ind. 375 ; Raffert v. Scroggins, 40 Ind. 195; King v. .Enterprise Ins. Go., 45 Ind. 43. Where the insurer does nothing, up to the time of the death of the insured, to indicate that he considers the policy lapsed or commuted, it is then too late to insist upon a forfeiture. The right of forfeiture may be considered as waived. —Thompson v. St. Louis Life Ins. Go., 52 Mo. 469 ; Manhattan Life Ins. Go. v. Warwick, 20 Gratt.…
1Opinion of the Court
Hayden, J.,
delivered tbe opinion of the court.
This is an action on a policy of life insurance, admitted to have been issued by the defendant on the life of the husband of the plaintiff. The petition alleged that Hanley, in his lifetime, deposited the policy with the defendant, as security for a debt of $600, which had been fully paid, and that the policy was in the possession of the defendant; that $481 had been paid on the policy, and that the balance of $10,000, the amount of the policy, was due. The answer alleged that the $10,000 was to be paid only on the condition that the semi-annual…
2Cases cited1 opinion
- Thompson v. St. Louis Mutual Life InsuranceSupreme Court of Missouri · 1873
3Cited by6 opinions
- Knarston v. Manhattan Life InsuranceCalifornia Supreme Court · 1899
- Harvey v. Grand Lodge of Ancient Order of United WorkmenMissouri Court of Appeals · 1892
- D. Klass Commission Co. v. Wabash RailroadMissouri Court of Appeals · 1899
- Goedecke v. Metropolitan Life InsuranceMissouri Court of Appeals · 1888
- Garvin v. Union Mutual Life InsuranceMissouri Court of Appeals · 1935
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