Walton v. Metropolitan Life Insurance
Missouri Court of Appeals
■ Appeal from the Circuit Court of the City of St. Louis.— Hon. Frcmhlin Ferriss, Judge. (1) As the policy provides by its terms that it was payable only to the executor’ or administrator of the insured and as the plaintiff admitted in her testimony that she had not qualified as such, the court erred in admitting any evidence in this case and overruling the demurrer to the evidence offered at the close of plaintiff’s case and at the close of the entire case, as the plaintiff…
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■ Appeal from the Circuit Court of the City of St. Louis.— Hon. Frcmhlin Ferriss, Judge. (1) As the policy provides by its terms that it was payable only to the executor’ or administrator of the insured and as the plaintiff admitted in her testimony that she had not qualified as such, the court erred in admitting any evidence in this case and overruling the demurrer to the evidence offered at the close of plaintiff’s case and at the close of the entire case, as the plaintiff was not qualified to maintain her suit. Manning v. Prudential Ins. Co., 213 S. W. 897; Floyd v. Prudential Ins. Co., 92…
1Opinion of the CourtBecker, J.
Plaintiff began her action by filing a petition before a justice of the peace upon a policy of life insurance issued by the defendant company, insuring the life of John J. Walton, husband of the plaintiff.
The contract of insurance sued upon is an “Industrial Policy,” whereby the defendant in consideration of a weekly premium of fifteen cents, agreed to pay the sum of $270 upon the death of the insured (or one-half that amount if the insured died within six months after the issuance of the policy) to the executor or administrator of the insured, unless payment were made under the provisions of…
Also in this document: Concurrence.
2Cases cited9 opinions
- Lewis v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1901
- Bradley v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1905
- Nolan v. Prudential InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
- Manning v. Prudential InsuranceMissouri Court of Appeals · 1919
- Ferretti v. Prudential Insurance Co. of AmericaAppellate Terms of the Supreme Court of New York · 1906
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3Cited by4 opinions
- Craig v. Metropolitan Life InsuranceMissouri Court of Appeals · 1927
- United States v. ChavezCourt of Appeals for the Tenth Circuit · 1936
- Plummer v. Metropolitan Life InsuranceMissouri Court of Appeals · 1935
- Hood v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1933