May v. Mutual Benefit Life Insurance
Missouri Court of Appeals
Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Jarvis, Conklin & Company and Cross were agents of the borrower and not of the Mutual Benefit Life Insurance Company. The borrower paid their commissions in giving the second mortgage of $250. They acted on his behalf in obtaining the loan from the insurance company. Knox Go. v. Goggin, 105 Mo. 182; Knglemann v. Reuse, 61 Mich. 395; Radley v. Gatterlin, 64 Mo.
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Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Jarvis, Conklin & Company and Cross were agents of the borrower and not of the Mutual Benefit Life Insurance Company. The borrower paid their commissions in giving the second mortgage of $250. They acted on his behalf in obtaining the loan from the insurance company. Knox Go. v. Goggin, 105 Mo. 182; Knglemann v. Reuse, 61 Mich. 395; Radley v. Gatterlin, 64 Mo. App. 629; Thomas v. Desney, 57 Iowa, 58; Smith v. Wolf, 55 Icl. 555. (2) The fact that the borrower made written order to pay the money over to Cross, warranted…
1Opinion of the CourtGill, J.
This suit was originally brought by' Thos. W. Poster, who has since died, and the action is now prosecuted by his administrator and heirs. Its purpose was to enjoin the sale of certain real estate about to be sold in the foreclosure of a deed of trust made to secure a loan made to said Poster by the defendant life insurance company.
Statement In May, 1886, Poster, desiring to borrow $2,500 on some farm lands he owned in Livingston county, made a written application therefor through one 5 J. C. Cross, of Chillicothe, Missouri, to Jarvis, Conklin & Company, loan agents at Kansas City. The…
2Cases cited4 opinions
- Knox County v. GogginSupreme Court of Missouri · 1891
- American Mortgage Co. v. KingSupreme Court of Alabama · 1894
- Englemann v. ReuseMichigan Supreme Court · 1886
- Robinson v. JarvisMissouri Court of Appeals · 1887
3Cited by4 opinions
- Atlantic Life Ins. v. RowlandCourt of Appeals for the Fourth Circuit · 1927
- H. C. Bowman & Co. v. LickeyMissouri Court of Appeals · 1900
- Frisch v. ShankwitzWisconsin Supreme Court · 1932
- Robinson v. Citizens Trust Co.Missouri Court of Appeals · 1915