Mooney v. Home Insurance
Missouri Court of Appeals
Appeal from the Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) If the language of the policy and application is to be taken for what it says, the policy sued on was void. (2) The above contingency happened, and it can cut no possible figure that the note was taken in the name of Cowhick; it was a note for a “portion of the premium of the policy.(3) Nor does it make any difference that the policy recites the receipt of $15 because: First.
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Appeal from the Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) If the language of the policy and application is to be taken for what it says, the policy sued on was void. (2) The above contingency happened, and it can cut no possible figure that the note was taken in the name of Cowhick; it was a note for a “portion of the premium of the policy.(3) Nor does it make any difference that the policy recites the receipt of $15 because: First. The policy provides that default in a note, acknowledged as cash or otherwise, given for the whole or any part of the premium, shall work a forfeiture.…
1Opinion of the CourtGill, J.
This is a suit on an insui’ance policy for $1,000 covering plaintiff’s dwelling in the village of Halt, G-rundy county. The policy was issued in December, 1895, in pursuance of a written application therefor made through one Oowhick, a local agent at G-alt. The premium agreed to be paid was $15 a year, or $75 for the entire five years the policy was to run. Plaintiff seems to have been unable to meet the first payment of $15 when the policy was issued but paid to the agent only $1 at the time, and gave his ninety-day note for the $14 payable to the said agent, and for the remainder of the…
2Cases cited2 opinions
- Griffith v. N.Y. Life Ins. Co.California Supreme Court · 1894
- Dircks v. German InsuranceMissouri Court of Appeals · 1889
3Cited by3 opinions
- Farmers Bank v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1906
- Mooney v. Home InsuranceMissouri Court of Appeals · 1899
- Finney v. American Central Ins. CompanyMissouri Court of Appeals · 1927