Legal Opinion

Whitmore v. Supreme Lodge Knights & Ladies of Honor

Supreme Court of Missouri

Decided October 15, 1889PublishedCited by 32 opinions

Appeal from St. Louis City Circuit Court.—Hon. Shepard Barclay, Judge. (1) A person has an insurable interest in bis own life, and has a right to procure a policy on the samé, and to have it made payable to any one whom he may appoint, although the beneficiary may not have any pecuniary interest in the continuance of the life of deceased, nor be of kin to him. It is not relationship between the insured and the beneficiary that is to be invoked to support the insurance. Ins.

Read the full summary

Appeal from St. Louis City Circuit Court.—Hon. Shepard Barclay, Judge. (1) A person has an insurable interest in bis own life, and has a right to procure a policy on the samé, and to have it made payable to any one whom he may appoint, although the beneficiary may not have any pecuniary interest in the continuance of the life of deceased, nor be of kin to him. It is not relationship between the insured and the beneficiary that is to be invoked to support the insurance. Ins. Go..v. Allen, 138 Mass.24; Campbellv. Ins.Co., 98Mass. 389; Lemonr. Ins. Co., 38 Conn. 294; Fairchild v. K. E. M. L.…

1Opinion of the CourtSherwood, J.

The pleadings in this cause are, in substance, as follows :—

*41Plaintiffs, Benjamín T. and Marie E. Whitmore, are husband and wife and defendant is a corporation. On the twenty-second of November, 1883, Mary A. Mudd was a member of Nonpareil Lodge, number '592, of defendant in St. Louis, and entitled to participate in the relief fund of said order to the amount of one thousand dollars, said sum to be paid to plaintiff, Marie E. Whitmore, as trustee of Mary L. Whitmore. Defendant issued its benefit certificate under seal to said Mary A. Mudd, for one thousand dollars, payable on death of said…

2Cases cited19 opinions

  1. New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
  2. Warnock v. DavisSupreme Court of the United States · 1882
  3. Jeffries v. Life InsuranceSupreme Court of the United States · 1875
  4. Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
  5. Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1876

14 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
  2. Tomlinson v. EllisonSupreme Court of Missouri · 1891
  3. Aloe v. Mutual Reserve Life Ass'nSupreme Court of Missouri · 1899
  4. McDermott v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
  5. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. DixonIndiana Court of Appeals · 1911

27 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API