Adams v. New York Life Insurance
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. J. D. Barnett, Judge. (1) The court erred in overruling’ defendant’s objection to the introduction of any evidence on the ground that the petition failed to state a cause of action. Cook v. Phtnam, 70 Mo. 668; Verdin v. St. Louis, 131 Mo. 157; Mallinckrodt v. Nemnich, 169 Mo. 388; Pier v. Heinrichshoffen, 52 Mo. 333; Scott v. Robards, 67 Mo. 289..
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Appeal from Audrain Circuit Court. — Hon. J. D. Barnett, Judge. (1) The court erred in overruling’ defendant’s objection to the introduction of any evidence on the ground that the petition failed to state a cause of action. Cook v. Phtnam, 70 Mo. 668; Verdin v. St. Louis, 131 Mo. 157; Mallinckrodt v. Nemnich, 169 Mo. 388; Pier v. Heinrichshoffen, 52 Mo. 333; Scott v. Robards, 67 Mo. 289.. (2) The court erred in overruling defendant’s demurrer to the evidence made at the close of plaintiff’s testimony and at the close of all the testimony: (a) Because this case does not fall within the terms…
1Opinion of the CourtNortoni, J.
This is a suit on a policy of life insurance. Plaintiff recovered and defendant prosecutes the appeal.
The policy sued upon was issued by defendant upon the life of Philip S. Adains, payable to plaintiff, his wife, upon his death. A number of years ago, the original policy was converted into a paid-up policy for the amount of $1900 and this amount is conditioned to be payable to plaintiff on the death of her husband, the insured. The insured, Philip S. Adams, disappeared from his home at Fulton, Missouri, January 13, 1902, and the presumption of death is relied upon for a recovery because of…
2Cases cited6 opinions
- Mutual Benefit Life Insurance v. MartinCourt of Appeals of Kentucky · 1900
- Wheelock v. OvershinerSupreme Court of Missouri · 1892
- Biegler v. Supreme Council of American Legion of HonorMissouri Court of Appeals · 1894
- Dickens v. MillerMissouri Court of Appeals · 1882
- J. W. Reedy Elevator & Manufacturing Co. v. MertzMissouri Court of Appeals · 1904
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3Cited by3 opinions
- Heath v. Salisbury Home Telephone Co.Supreme Court of Missouri · 1930
- Hanrahan v. CorriganConnecticut Superior Court · 1939
- Walsh v. Metropolitan Life InsuranceMissouri Court of Appeals · 1912