Schuermann v. Union Central Life Insurance
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Leroy B. ValUant, Judge. (1) A contract procured through fraud is voidable at the election of the party defrauded.
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Appeal from St. Louis City Circuit Court. — Hon. Leroy B. ValUant, Judge. (1) A contract procured through fraud is voidable at the election of the party defrauded. If the other party asserts a right or attempts a recovery on such contract, and the injured party desires to defeat such right or such recovery by reason of the fraud, he must resort to a suit in equity to set aside the contract, and where such resort to equity is made in a pending case, it should be separately and finally disposed of before any other issues are tried. Oeh v. Railroad, 130 Mo. 27; Hancock v. Blackwell, 139 Mo. 454.…
1Opinion of the CourtRobinson, J.
This is an action against the appellant, the Union Central Life Insurance Company, to recover on a policy of insurance issued on the life of respondent’s husband, Henry Schuermann. The petition is in the usual form, containing all essential averments.
The amended answer, upon which the case was tried, among other things avers that the plaintiff’s husband in his application for insurance, made certain false representations and statements, as to the past and present condition of his health, and his habits of sobriety, etc., fully detailed and set out. It then avers that plaintiff’s husband at…
2Cited by31 opinions
- Keller v. Home Life InsuranceSupreme Court of Missouri · 1906
- State Ex Rel. National Council of Knights & Ladies of Security v. TrimbleSupreme Court of Missouri · 1922
- Aetna Life Insurance v. DanielSupreme Court of Missouri · 1931
- Pacific Mutual Life Insurance v. GlaserSupreme Court of Missouri · 1912
- Jenkins v. Covenant Mutual Life InsuranceMissouri Court of Appeals · 1903
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