Leeper v. Franklin Life Insurance
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — I[on. P. 0. Stepp, Judge. Our contention is that under the undisputed facts and the plain terms and conditions of the contract, the policy became void September 1, 1900, for non-payment of the note given for part of the premium. Dircks v. Ins. Co., 34 Mo. App. 81; Mooney v. Ins. Co., 72 Mo. App. 92; Mooney v. Ins. Co., 80 Mo.
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Appeal from Grundy Circuit Court. — I[on. P. 0. Stepp, Judge. Our contention is that under the undisputed facts and the plain terms and conditions of the contract, the policy became void September 1, 1900, for non-payment of the note given for part of the premium. Dircks v. Ins. Co., 34 Mo. App. 81; Mooney v. Ins. Co., 72 Mo. App. 92; Mooney v. Ins. Co., 80 Mo. App. 192. In no case can a party to a contract, therein acknowledge the receipt- of a valuable consideration, nor ever thereafter in an action upon such contract be heard to deny receiving such consideration, except for fraud or…
1Opinion of the CourtEllison, J.
This is an action on a policy of life insurance issued June 1, 1900, wherein plaintiff is the beneficiary, her husband, James E. Leeper, being the party insured. He died the following February and defendant refused to pay. The judgment in the trial court was for plaintiff.
Among other things, the policy recited that in consideration of a former certificate issued by defendant, “and the payment of $40.55, being the premium for one years’ insurance, and in consideration of the further payment of a like amount on or before the first day of June in every year thereafter,” ■ the defendant promises…
2Cases cited6 opinions
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
- Pitt v. Berkshire Life InsuranceMassachusetts Supreme Judicial Court · 1868
- McAllister v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Jacobs v. Omaha Life Ass'nSupreme Court of Missouri · 1898
- Dobyns v. Bay State Beneficiary Ass'nSupreme Court of Missouri · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Malone v. State Life InsuranceMissouri Court of Appeals · 1919
- Farmers' & Merchants' Mutual Life Ass'n v. MasonIndiana Court of Appeals · 1917
- Mutual Reserve Life Ins. Co. v. HeidelCourt of Appeals for the Eighth Circuit · 1908
- Occidental Life Insurance v. JacobsonArizona Supreme Court · 1914
- Gruen v. Standard Life & Accdient InsuranceMissouri Court of Appeals · 1912
2 more not listed; retrieve them via the Exa API.