Mooney v. Home Insurance
Missouri Court of Appeals
Appeal from the Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) Dobyns v. Ben. Ass’n, 144 Mo. 95, relied upon by respondent, is not decisive of this case upon tbe question of the conclusiveness of the recital, “in consideration of $15, paid,” etc. The Home Insurance Company does insure, etc. The Dobyns policy contained no such condition as appears here.
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Appeal from the Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) Dobyns v. Ben. Ass’n, 144 Mo. 95, relied upon by respondent, is not decisive of this case upon tbe question of the conclusiveness of the recital, “in consideration of $15, paid,” etc. The Home Insurance Company does insure, etc. The Dobyns policy contained no such condition as appears here. Our policy recognizes the fact that the premium may be acknowledged as paid and yet a note may be outstanding for same. (2) It has already been decided by this court that the fact that the past due note was made payable to the agent, can…
1Opinion of the CourtGill, J.
This case is here on a second appeal. An understanding of the questions involved may be had by consulting our former opinion, 72 Mo. App. 92.
*195It will be seen that plaintiff’s right of recovery was then denied because of his failure to pay a note given the defendant’s agent for the first or cash premium, which default, under the terms of the policy, operated to suspend the insurance during such default — the fire occurring within that period. The cause being remanded, another trial was had, resulting again in a judgment in plaintiff’s favor and defendant appealed.
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2Cases cited6 opinions
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
- Pitt v. Berkshire Life InsuranceMassachusetts Supreme Judicial Court · 1868
- White v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1876
- Wytheville Ins. & Banking Co. v. TeigerSupreme Court of Virginia · 1893
- Dobyns v. Bay State Beneficiary Ass'nSupreme Court of Missouri · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Malone v. State Life InsuranceMissouri Court of Appeals · 1919
- Mutual Reserve Life Ins. Co. v. HeidelCourt of Appeals for the Eighth Circuit · 1908
- Leeper v. Franklin Life InsuranceMissouri Court of Appeals · 1902
- Gruen v. Standard Life & Accdient InsuranceMissouri Court of Appeals · 1912