McGeehan v. Mutual Life Insurance
Missouri Court of Appeals
Appeal from. Jackson Circuit Court. — No». John G. Parh; Judge. (1) The second count, undoubtedly, states a New York contract. It alleges the payment of the premium and the delivery of the policy to have been made in that State; that the contract was to be construed by the laws of, and performed therein.
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Appeal from. Jackson Circuit Court. — No». John G. Parh; Judge. (1) The second count, undoubtedly, states a New York contract. It alleges the payment of the premium and the delivery of the policy to have been made in that State; that the contract was to be construed by the laws of, and performed therein. Life Society v. Clements, 140 U. S. 226; Cravens v. Insurance Co., 148 Mo. 583'; Hill v. Insurance Co., 193 U. S. 559. (2) If it- is a New York contract, the statute of New York, then in force, which is set forth in the petition, prevented a forfeiture for non-payment of premiums, except upon…
1Opinion of the CourtEllison, J.
This action is founded on a life insurance policy called a semi-endowment. The petition was in three counts. There was a demurrer on the ground of no cause of action being stated in either count. The demurrer was sustained and plaintiff refusing to plead further judgment was given for the defendant and plaintiff in due time appealed.
Plaintiff seems not to place much faith in the first count of his petition and properly so as we think it does not state a cause of action, and we therefore take up, in their order, the second and third counts. The second count alleges that on the 3rd of February,…
2Cases cited5 opinions
- Mutual Life Insurnace v. HillSupreme Court of the United States · 1904
- Equitable Life Assurance Society v. ClementsSupreme Court of the United States · 1891
- Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
- Jenkins v. Covenant Mutual Life InsuranceMissouri Court of Appeals · 1903
- Lone v. Mutual Life Insurance Co. of New YorkWashington Supreme Court · 1903
3Cited by2 opinions
- Walsh v. Aetna Life InsuranceSupreme Court of Pennsylvania · 1945
- Johnson v. Hartford Life InsuranceMissouri Court of Appeals · 1912