Linz v. Massachusetts Mutual Life Insurance
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. There was error in permitting the physicians to testify to information acquired while attending George Linz in their professional capacity.— Edington v. Insurance Co., 5 Hun, 1; s. c. 67 N. Y. 385— 194 ; Edingtonv. Insurance Go., 13 Hun, 543-549 : Cohen v. Insurance Co., 41 N. Y. 296 ; Johnson v. Johnson, 4 Paige, 460 ; The Peoples. Stout, 3 Park.
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Appeal from the St. Louis Circuit Court. There was error in permitting the physicians to testify to information acquired while attending George Linz in their professional capacity.— Edington v. Insurance Co., 5 Hun, 1; s. c. 67 N. Y. 385— 194 ; Edingtonv. Insurance Go., 13 Hun, 543-549 : Cohen v. Insurance Co., 41 N. Y. 296 ; Johnson v. Johnson, 4 Paige, 460 ; The Peoples. Stout, 3 Park. Cr. 670 ; Harris v. Rupal, 14 Ind. 209. Laws are presumed to be constitutional unless they manifestly infringe some provision of the Constitution. — The State v. Railroad Go., 48 Mo. 468 ; The State v. Able,…
1Opinion of the CourtHayden, J.
This is an action on a policy by which the defendant insures “ the life of George and Barbara Linz in the amount of $2,000,” payable to the survivor of them. George Linz died, and the plaintiff, the widow, brings suit. The defences are, that the deceased had become so intemperate as to seriously impair his health and induce delirium tremens, whereby his policy by its terms became void ; and .that the assured in their application represented the age of the deceased to be thirty-four years, when in fact it was forty years. There was judgment below for the defendant.
There can be no serious doubt…
2Cases cited2 opinions
- Hope Mutual Insurance v. FlynnSupreme Court of Missouri · 1866
- City of St. Louis ex rel. Creamer v. ClemensSupreme Court of Missouri · 1873
3Cited by5 opinions
- Sovereign Camp of Woodmen of the World v. GrandonNebraska Supreme Court · 1902
- Northwestern Mutual Life Insurance v. WoodsSupreme Court of Kansas · 1895
- Streeter v. City of BreckenridgeMissouri Court of Appeals · 1886
- Weitz v. Mound City Railway Co.Missouri Court of Appeals · 1893
- Kling v. City of KansasMissouri Court of Appeals · 1887