Wichman v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglas, Judge. The receipt and retention of this premium estops the defendant from claiming that the policy was void for non-payment of the same premium. Andrus v. Life Ins. Assn., 168 Mo. 151, 67 S. W. 582; James v. Life Assn., 148 Mo. 1, 49 S. W. 987; Wagaman v. Life Ins. Co., 110 Mo. App. 616, 85 S. W. 117; Suess v. Life Ins. Co., 86 Mo. App. 10.
1Opinion of the CourtBland, P. J.
The petition is in the usual form to recover on a policy of insurance for the sum of five hundred dollars, issued to Albert O. Wichman, payable to him at the expiration of twenty years from the date of the policy, and in case of his death within that period to his wife, Louise, or her legal representatives.
After admitting the issuance of the policy and denying the other allegations of the petition, the answer set up the following defense:
“That one of the express considerations upon which said policy was issued and upon which payment was to be made, and a condition precedent thereto, was that…
2Cases cited4 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Andrus v. Fidelity Mutual Life InsuranceSupreme Court of Missouri · 1902
- Wagaman v. Security Mutual Life InsuranceMissouri Court of Appeals · 1904
- Suess v. Imperial Life InsuranceMissouri Court of Appeals · 1900
3Cited by3 opinions
- Kennedy v. Occidental Life InsuranceCalifornia Supreme Court · 1941
- Francis v. Supreme Lodge Ancient Order of United WorkmenMissouri Court of Appeals · 1910
- Rothschild v. N. Y. Life InsuranceSuperior Court of Pennsylvania · 1932