Van Cleave v. Union Casualty & Surety Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. B. L. Scarritt, Judge. (1) Defendant’s demurrer should have been sustained, and at the close of the testimony in the case the court should have declared the law in defendant’s favor on the first count of the petition. This case is on all fours with the recent decision of this court in Ashford v. Ins. Go., 2. Mo. App. Rep. 766; 80 Mo. App. 638; 19 Am. and Eng. Ency. of Law, p. 565; Keener v. Grand Lodge, 38 Mo.
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Appeal from the Jackson Circuit Court. — Hon. B. L. Scarritt, Judge. (1) Defendant’s demurrer should have been sustained, and at the close of the testimony in the case the court should have declared the law in defendant’s favor on the first count of the petition. This case is on all fours with the recent decision of this court in Ashford v. Ins. Go., 2. Mo. App. Rep. 766; 80 Mo. App. 638; 19 Am. and Eng. Ency. of Law, p. 565; Keener v. Grand Lodge, 38 Mo. App. 550. (2) The court should have given defendant’s third instruction, as plaintiff showed np right to recover under the second count of…
1Opinion of the CourtSmith, P. J.
Action on accident policy of insurance issued to one Charles A. Yan Cleave. The petition was in two counts, in the'first of which, amongst other things, it was alleged that while said policy was in force, the said insured sustained bodily injuries through external, violent and accidental means within the terms of said policy, in that he was killed by reason of the collision of two trains on the Santa Ee Railway; that after the death -of the said insured, Mamie Yan Cleave, the beneficiary named in said policy, complied with all the terms and provisions of said policy on her part; that…
2Cases cited11 opinions
- Continental Life Insurance v. RogersIllinois Supreme Court · 1887
- Alabama Gold Life Insurance v. JohnstonSupreme Court of Alabama · 1886
- Planters' Insurance v. MyersMississippi Supreme Court · 1877
- Mutual Benefit Life Insurance v. MillerIndiana Supreme Court · 1872
- Wilkinson v. Connecticut Mutual Life InsuranceSupreme Court of Iowa · 1870
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kern v. Supreme Council, American Legion of HonorSupreme Court of Missouri · 1902
- Boyer v. United States Fidelity & Guaranty Co.California Supreme Court · 1929
- Baltimore Life Insurance v. FloydSupreme Court of Delaware · 1915
- Lynch v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1910
- Taverno v. American Auto InsuranceMissouri Court of Appeals · 1938
7 more not listed; retrieve them via the Exa API.