Lange v. New York Life Insurance
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Eon. C. A. Benton, Judge. (1) The policy in controversy contains a waiver of notice of maturity of premium and this waiver dispenses with the necessity for compliance with the so-called New York Notice Law even if such law would otherwise be applicable. Life Ins.
Read the full summary
Appeal from Henry Circuit Court. — Eon. C. A. Benton, Judge. (1) The policy in controversy contains a waiver of notice of maturity of premium and this waiver dispenses with the necessity for compliance with the so-called New York Notice Law even if such law would otherwise be applicable. Life Ins. Co. v. Hill, 193 U. S. 551. (2) Even if the New York Notice Law were applicable (which it is not in view of the terms of the policy) notice of the expiration of the forebearance agreement is not required under the said law. Conway v. Ins. Co., 140 N. Y. 79; Banholzer v. Ins. Co., 78 N. E. (Minn.)…
1Opinion of the Court
WILLIAMS, C.
Contractf This is an action upon a life insurance policy. Trial was had in the circuit court of Henry county, Missouri, before the court, without a jury, resulting in a judgment for plaintiff, on the second count of his petition, for $5067.43, from which judgment (on the theory that certain constitutional questions are involved) defendant perfected its appeal to this court.
The facts disclosed by the evidence are substantially as follows: .
Plaintiff is the assignee of the insurance policy. On November 24, 1891, defendant issued a twenty-payment tontine policy for $5000 upon the…
2Cases cited7 opinions
- Mutual Life Insurnace v. HillSupreme Court of the United States · 1904
- Rodgers v. United StatesSupreme Court of the United States · 1902
- Bock v. PerkinsSupreme Court of the United States · 1891
- Rinard v. Omaha, Kansas City & Eastern Railway Co.Supreme Court of Missouri · 1901
- Birdseye v. SmithNew York Supreme Court · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mitchell v. Newton County BankMissouri Court of Appeals · 1926
- Kind v. StatonMissouri Court of Appeals · 1966
- William B. Teasdale, Trustee in Bankruptcy of the Royal Laundries, Inc. And Royal Cleaners, Inc., Bankrupts v. Prosperity Company, Inc.Court of Appeals for the Eighth Circuit · 1961
- Buder v. Denver Nat. BankCourt of Appeals for the Eighth Circuit · 1945
- Large v. Frick Co.Missouri Court of Appeals · 1923
2 more not listed; retrieve them via the Exa API.