Saetelle v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — lion. Selden P. Spencer, Judge. (1) The fact that the insurance company did not object to Mrs. Saetelle’s testimony when it was first offered, did not render tbe testimony competent. Tbe only way to bave rendered her testimony competent was for tbe administrator to bave called on ber to testify. That was not done, and ber test! mony was wholly incompetent, without any objection to it having been made.
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Appeal from the St. Louis City Circuit Court. — lion. Selden P. Spencer, Judge. (1) The fact that the insurance company did not object to Mrs. Saetelle’s testimony when it was first offered, did not render tbe testimony competent. Tbe only way to bave rendered her testimony competent was for tbe administrator to bave called on ber to testify. That was not done, and ber test! mony was wholly incompetent, without any objection to it having been made. It should bave been stricken out as incompetent when tbe motion was made. Tbe failure to object did not render tbe evidence competent. R. S. sec.…
1Opinion of the CourtBland, J.
The defendant company, by its two separate policies, insured the life of Helen Crawford, who after-wards intermarried with one Heitman, for $2,000, each policy being for $1,000. The plaintiff sued on these policies, claiming to be the owner by assignment from the assured Helen Heitman. The defense was a denial of liability on either of *512the policies; a denial of their assignment to plaintiff, and a plea of untruthful statements made in the applications for the insurance by the assured, and the concealment of facts by her, which, the answer alleged, contributed to the disease of which she died.…
2Cases cited11 opinions
- Meier v. ThiemanSupreme Court of Missouri · 1886
- Looker v. DavisSupreme Court of Missouri · 1870
- Sitton v. ShippSupreme Court of Missouri · 1877
- Ehrlich v. Ætna Life InsuranceSupreme Court of Missouri · 1885
- Freeman v. MoffittSupreme Court of Missouri · 1893
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3Cited by3 opinions
- Jones v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
- Johnson v. BurksMissouri Court of Appeals · 1903
- Saettele v. Metropolitan Life InsuranceMissouri Court of Appeals · 1900