Legal Opinion

Steinbruegge v. Prudential Insurance Co. of America

Missouri Court of Appeals

Decided January 16, 1917PublishedCited by 2 opinions

Appeal from St. Louis City Circuit Court. — Son. James E. Withrow, Judge. (1) The Statute of Limitations does not run against a married woman. Section 1894, R. S. 1909; Smith v. Ins. Co., 64 Mo. 330; Throckmorton v. Pence, 121 Mo. 50; Lindell Real Estate Co. v. Lindell, 142 Mo. 61; Linville v. Greer, 165 Mo. 380; Bucher v. Hahl, 199 Mo. 320; Elliott v. Machine Co., 236 Mo. 546; State v. Macy, 72 Mo.' App. 427; Rosenberger v. Mallerson, 92 Mo.

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Appeal from St. Louis City Circuit Court. — Son. James E. Withrow, Judge. (1) The Statute of Limitations does not run against a married woman. Section 1894, R. S. 1909; Smith v. Ins. Co., 64 Mo. 330; Throckmorton v. Pence, 121 Mo. 50; Lindell Real Estate Co. v. Lindell, 142 Mo. 61; Linville v. Greer, 165 Mo. 380; Bucher v. Hahl, 199 Mo. 320; Elliott v. Machine Co., 236 Mo. 546; State v. Macy, 72 Mo.' App. 427; Rosenberger v. Mallerson, 92 Mo. App. 368; Linck v. Vorbauer, 104 Mo. App. 368. It was permissible to prove that plaintiff was a married woman under the allegation of full performance.…

1Opinion of the CourtAllen, J.

This is an action upon three “industrial policies” of insurance. The suit was instituted, on September 19, 1911, before a justice of the peace; *200where plaintiff prevailed. Defendant appealed to the circuit court, and when the cause came on for trial there, defendant’s counsel objected “to the introduction of any evidence under the petition on the ground that it shows on its face that the claim is barred by the Statute of Limitations.” The court sustained this objection. Plaintiff’s counsel then sought to make an offer of proof, but the court declined to permit him to do so; and after a…

2Cases cited8 opinions

  1. Knisely v. LeatheSupreme Court of Missouri · 1914
  2. Burrus v. CookSupreme Court of Missouri · 1908
  3. Rundelman v. John O'Brien Boiler Works Co.Missouri Court of Appeals · 1913
  4. Revelle v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
  5. Garth v. MotterSupreme Court of Missouri · 1913

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3Cited by2 opinions

  1. Manpower, Inc. v. Area Development Corp.Missouri Court of Appeals · 1969
  2. Bahn v. Estate of FritzMontana Supreme Court · 1932

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