Rubottom v. Pioneer Life Insurance Co. of America
Missouri Court of Appeals
Appeal from the Butler Circuit Court. — lion. J. G. Sheppard, Special Judge. (1) A legal cause of action must be stated. Jones v. Fuller, 38 Mo. 363. (2) A party cannot declare upon one cause of action and recover upon another and different cause. This rule is fundamental. Henry County v. Citizens Bank, 208 Mo. 209; Clements v. Yeates, 69 Mo. 623; Harris v. Railway, 37 Mo. 307; York. v. Bank, 105 iMo. App. 127.
1Opinion of the CourtBradley, J.
Plaintiff sued to recover fifty per cent of a premium on a life insurance policy on the life of one A. W. Greer. The cause was tried before the court without a jury, and resulted in a judgment in plaintiff’s favor, and defendant failing to get a new trial on motion prosecutes this appeal.
On November 9, 1917, plaintiff entered into a written contract with the American Life & Accident Insur anee Company by which plaintiff was appointed agent for said, company for a district embracing Poplar Bluff and vicinity, and was to receive fifty per cent of the first annual premium on all business secured…
Also in this document: Concurrence.
2Cases cited2 opinions
- Kino v. Phoenix InsuranceSupreme Court of Missouri · 1906
- Henry County v. Citizens BankSupreme Court of Missouri · 1907
3Cited by1 opinion
- Massey-Harris Harvester Co. v. QuickMissouri Court of Appeals · 1935