Keller v. Home Life Insurance
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — lion. Henry G. Riley, Judge. (1) The refusal of the court to give instruction ■3 asked by appellant was error. This instruction directed the jury to disregard plaintiff’s claim for. a ten per cent penalty as damages, and was, in effect, the opposite of instruction 2 given on behalf of respondent.
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Appeal from Cape Girardeau Circuit Court. — lion. Henry G. Riley, Judge. (1) The refusal of the court to give instruction ■3 asked by appellant was error. This instruction directed the jury to disregard plaintiff’s claim for. a ten per cent penalty as damages, and was, in effect, the opposite of instruction 2 given on behalf of respondent. (2) Appellant brought itself fully within the requirements of sections 7890 and 7891, Revised Statutes 1899, by pleading and proving many gross misrepresentations of assured in his application for'the policy concerning the condition of his health, his…
1Opinion of the CourtFox, J.
This canséis brought to this court by appeal on the part of the defendant from a judgment of the Cape Girardeau Circuit Court in favor of the plaintiff for the sum of $2,475. This was a suit by plaintiff, who is the widow of August W. Keller, deceased, against the defendant insurance company of New York, an old line company, upon a policy dated October 30, 1899, for $2,000.
The sufficiency of the petition stating the cause of action is not challenged, but it is conceded by appellant that the petition is in the usual form in cases of this character.
The main contentions in this cause arise upon…
2Cases cited13 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Fidelity Mutual Life Ass'n v. MettlerSupreme Court of the United States · 1902
- Iowa Life Insurance v. LewisSupreme Court of the United States · 1902
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
8 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Non-Royalty Shoe Co. v. Phoenix Assurance Co.Supreme Court of Missouri · 1919
- Block v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1926
- Patterson v. American InsuranceMissouri Court of Appeals · 1913
- Rice v. Provident Life & Accident InsuranceMissouri Court of Appeals · 1937
- State Ex Rel. Missouri State Life Insurance v. AllenSupreme Court of Missouri · 1922
42 more not listed; retrieve them via the Exa API.