Nichols v. Mutual Life Insurance
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Now. N. D. Wood, Judge. (1) This policy is a Missouri contract. The rights and obligations of the parties to it are controlled and determined by the statutes of Missouri in force when the policy was issued, April 9, 1896, no matter what the language or stipulations of the policy itself may be. Cravens v. Ins. Co., 148 Mo. 599; Equitable Society v. Clements, 140 U. S. 232; Price v. Ins. Co., 48 Mo.
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Appeal from St. Louis City Circuit Court. — Now. N. D. Wood, Judge. (1) This policy is a Missouri contract. The rights and obligations of the parties to it are controlled and determined by the statutes of Missouri in force when the policy was issued, April 9, 1896, no matter what the language or stipulations of the policy itself may be. Cravens v. Ins. Co., 148 Mo. 599; Equitable Society v. Clements, 140 U. S. 232; Price v. Ins. Co., 48 Mo. App. 294. (2) The body of section 5859 does not, but the proviso does apply to and control this case. Section 5859 amended is not intended to abrogate or…
1Opinion of the CourtFox, J.
This is a suit upon a policy of life insurance issued and delivered April 9, 1896, in ME *361souri, to a citizen of Missouri by the defendant, respondent, a corporation of the State of New York, then doing a life insurance business in Missouri. A jury was waived, and the case was tried by the court upon the petition, the amended answer, the application for insurance, the policy of insurance, and a stipulation of facts.
The petition sets forth the issue and delivery of the policy in Missouri on the 9th of April, 1896, to. one Samuel Harris, ’ subject to the laws of Missouri, the payment by said…
2Cases cited4 opinions
- Equitable Life Assurance Society v. ClementsSupreme Court of the United States · 1891
- New York Life Insurance v. CravensSupreme Court of the United States · 1900
- Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
- Epperson v. New York Life InsuranceCourt of Appeals of Kansas · 1901
3Cited by11 opinions
- Pequot Manufacturing Corp. v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1930
- Cheek v. Commonwealth Life Ins. Co.Court of Appeals of Kentucky (pre-1976) · 1939
- Whittaker v. Mutual Life InsuranceMissouri Court of Appeals · 1908
- Milburn v. Royal Union Mutual Life InsuranceMissouri Court of Appeals · 1921
- Leeker v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1911
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