Palmer v. Continental Insurance
Missouri Court of Appeals
Appeal from Vernon Circuit Court, Hon. W. J. Stone, Special Judge. Statement of case by the court. This was a suit upon a policy of fire insurance. The policy was issued on the instalment plan, and contained the following clause: “5. This company shall not be liable for any loss or damage under this, policy if default shall have been made in the payment of any instalment premium due by the terms of the instalment note.
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Appeal from Vernon Circuit Court, Hon. W. J. Stone, Special Judge. Statement of case by the court. This was a suit upon a policy of fire insurance. The policy was issued on the instalment plan, and contained the following clause: “5. This company shall not be liable for any loss or damage under this, policy if default shall have been made in the payment of any instalment premium due by the terms of the instalment note. On payment to the company in New York or to the western department in Chicago by the assured or assigns of all instalments of premiums due under this policy and the instalment…
1Opinion of the CourtHall, J.
Under the view entertained by us of this case it is only necessary to consider the action of the court in giving the two instructions set out in the statement of facts.
I. We shall first consider the instruction given as to the effect of the plaintiff ’ s execution of the premium note. Ordinarily the premium note would have to be deemed a part of the contract between plaintiff and defendant, the contract consisting of the policy and the note. This is clearly established by the authorities cited by defendant’s counsel.
If the plaintiff was induced by fraud or imposition *472to sign the premium note,…
2Cases cited11 opinions
- Williams v. Albany City InsuranceMichigan Supreme Court · 1870
- City of St. Louis v. St. Louis Gaslight Co.Supreme Court of Missouri · 1879
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- Snider v. Adams Express Co.Supreme Court of Missouri · 1876
- Wright v. McPikeSupreme Court of Missouri · 1879
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3Cited by10 opinions
- New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
- Malone v. State Life InsuranceMissouri Court of Appeals · 1919
- McMaster v. New York Life Ins.Court of Appeals for the Eighth Circuit · 1899
- Herndon v. Triple AllianceMissouri Court of Appeals · 1891
- Mensing v. American InsuranceCourt of Appeals of Kansas · 1889
5 more not listed; retrieve them via the Exa API.