Marshall v. Missouri State Life Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) It was the duty of tbe court to point out the competent and incompetent parts of the deposition, and to exclude the incompetent parts. Hamilton v. Scull, 25 Mo. 165. The objection to the introduction of the deposition was timely, under section 2906, R. S. 1899, objections to incompetency and immateriality can be urged at any time.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) It was the duty of tbe court to point out the competent and incompetent parts of the deposition, and to exclude the incompetent parts. Hamilton v. Scull, 25 Mo. 165. The objection to the introduction of the deposition was timely, under section 2906, R. S. 1899, objections to incompetency and immateriality can be urged at any time. Rule 19, rules St. Louis Circuit Court, p. 14. The deposition was incompetent, one party to giving of notes being dead. R. S. 1899, sec. 4652; Banking House v. Rood, 132 Mo. 256; Chapman…
1Opinion of the CourtGoode, J.
Action on a policy of life insurance issued by defendant company on tbe life of Edwin R. Steadman, dated October 12, 1905, whereby defendant *673promised to pay the executors, administrators or assigns of the assured, or such other beneficiary as he might designate in accordance with the terms of the policy, the sum of three thousand dollars on receipt of satisfactory proof of the death of the insured, or, if he was living and the policy in force October 12, 1925, to pay him said sum. The policy recited it was granted in consideration of the application for it, which was part of the contract, the…
2Cases cited9 opinions
- Union Central Life Insurance v. ChowningTexas Supreme Court · 1894
- Williams v. Albany City InsuranceMichigan Supreme Court · 1870
- Blackerby v. Continental Ins.Court of Appeals of Kentucky · 1886
- Dwelling House Insurance v. HardieSupreme Court of Kansas · 1887
- Insurance Company v. ChowningCourt of Appeals of Texas · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Malone v. State Life InsuranceMissouri Court of Appeals · 1919
- State Ex Rel. Kansas City Life Insurance v. TrimbleSupreme Court of Missouri · 1925
- New England Mut. Life Ins. Co. of Boston v. Clinchfield Coal Corp.Court of Appeals for the Fourth Circuit · 1925