Wallace v. Prudential Insurance Co. of America
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon-. J. Hugo Grimm, Judge. (1) This case should be reversed because of the failure of the court below to give defendant’s instruction in the nature of a demurrer to the evidence.
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Appeal from St. Louis City Circuit Court. — Hon-. J. Hugo Grimm, Judge. (1) This case should be reversed because of the failure of the court below to give defendant’s instruction in the nature of a demurrer to the evidence. (2) The court erred in admitting over the objection of defendant’s counsel the insurance policy offered by the plaintiffs, as this policy did not support the allegations of the petition, but showed on its face that it was payable to the executors or administrators of the insured. Cosgrove v. Leonard, 175 Mo. 100; Gruell v. National Counsel, 126 Mo. App. 496; Compton v.…
1Opinion of the CourtAllen, J.
This is an action upon a policy of insurance. Plaintiff recovered, and defendant prosecutes the appeal.
*115The instrument sued on is what is known as an industrial policy, and purports to be payable to the executors or administrators of the insured, “unless settlement shall be made as provided in article 2 under the head of provisions.” The clause of the policy last referred to is known as a “facility-of payment” clause, providing that the insurance company may make any payment provided in the policy “to any relative by blood or connection by marriage of the insured, or to any other person…
2Cases cited5 opinions
- Jones v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
- Union Brewing Co. v. EhlhardtMissouri Court of Appeals · 1909
- Wagaman v. Security Mutual Life InsuranceMissouri Court of Appeals · 1904
- Lord & Bushnell Co. v. Texas & New Orleans RailroadMissouri Court of Appeals · 1911
- Guarantee Interior Fixture Co. v. St. Louis American League Baseball Co.Missouri Court of Appeals · 1911
3Cited by10 opinions
- Metropolitan Life Ins. v. ChappellTennessee Supreme Court · 1924
- Calloway v. MilesCourt of Appeals for the Sixth Circuit · 1929
- Manning v. Prudential InsuranceMissouri Court of Appeals · 1919
- Jaggi v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1915
- Doty v. the Western Southern Life Ins. Co.Missouri Court of Appeals · 1929
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