Suess v. Imperial Life Insurance
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — lion. J. P. Butler, Judge. The only question involved in this case is, whether the sending of the money order by plaintiffs on the fourteenth of April, 1892, as shown by the testimony, was a sufficient compliance with the terms of the policy. If so, the instructions ashed by the plaintiffs should have been given. The other questions involved in this case were determined by this court in its former opinion.
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Appeal from the Carroll Circuit Court. — lion. J. P. Butler, Judge. The only question involved in this case is, whether the sending of the money order by plaintiffs on the fourteenth of April, 1892, as shown by the testimony, was a sufficient compliance with the terms of the policy. If so, the instructions ashed by the plaintiffs should have been given. The other questions involved in this case were determined by this court in its former opinion. As to the sufficiency of the notice of the payment we refer the court to the following authorities: The late case of James v. Reserved Eunds, 49 S.…
1Opinion of the CourtSmith, P. J.
This case was here on appeal at the October term, 1895, when the judgment was reversed and the cause remanded. Since then there has been another trial in the circuit court where the judgment was again given for the defendant and from which the plaintiffs appealed.
The undisputed facts disclosed by the evidence are that on the fifteenth day of October, 1889, the defendant issued its policy of life insurance on the life of plaintiff, John Gr. Suess, for the sum of $3,000, for each period of six months from that date during his life for the use and benefit of his wife, Florence A. Suess, payable…
2Cases cited1 opinion
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
3Cited by5 opinions
- Conkling v. Knights & Ladies of SecuritySupreme Court of Iowa · 1918
- Wagaman v. Security Mutual Life InsuranceMissouri Court of Appeals · 1904
- Courtney v. Fidelity Mutual Aid Ass'nMissouri Court of Appeals · 1906
- Suess v. Imperial Life InsuranceSupreme Court of Missouri · 1906
- Wichman v. Metropolitan Life InsuranceMissouri Court of Appeals · 1906