Van Ravenswaay v. Covenant Mutual Life Insurance
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Hon. T. B. Robinson, Judge. (1) A prior or contemporaneous oral agreement, if after-wards reduced to writing, is fnerged entirely into the written agreement and no evidence of the prior or contemporaneous oral agreement may be admitted to vary the writing. Tracy v. Iron Works, 104 Mo. 193; Evans v. Mfg. Co., 118 Mo. 548: Koerhring v. Muemminghoff, 61 Mo. 403; Bignall v. Mfg. Co., 59 Mo. App. 673; Bank v. Cushman, 66 Mo.
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Appeal from Cooper Circuit Court. — Hon. T. B. Robinson, Judge. (1) A prior or contemporaneous oral agreement, if after-wards reduced to writing, is fnerged entirely into the written agreement and no evidence of the prior or contemporaneous oral agreement may be admitted to vary the writing. Tracy v. Iron Works, 104 Mo. 193; Evans v. Mfg. Co., 118 Mo. 548: Koerhring v. Muemminghoff, 61 Mo. 403; Bignall v. Mfg. Co., 59 Mo. App. 673; Bank v. Cushman, 66 Mo. App. 102; Chrisman v. Hodges, 75 Mo. 413; Pugh v. Ayres, 47 Mo. App. 590. (2) The admission of evidence of representations made by…
1Opinion of the CourtEllison, J.
This action is to recover the first and only premium paid on a policy of life insurance for $20,000 issued by defendant to plaintiff and which he claims was not the policy contracted for. The judgment in- the trial court was for plaintiff. It appears that the transaction out of which this controversy grew, took place between plaintiff and one of defendant’s agents. Plaintiff at first desired a policy for $10,000, and a written application for a policy of such amount was made. This was returned by defendant company as being improperly made out and another for a like policy was made cut and…
2Cases cited9 opinions
- American Insurance v. NeibergerSupreme Court of Missouri · 1881
- Wright v. McPikeSupreme Court of Missouri · 1879
- Davis v. VoriesSupreme Court of Missouri · 1897
- James v. CloughMissouri Court of Appeals · 1887
- Palmer v. Continental InsuranceMissouri Court of Appeals · 1888
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3Cited by3 opinions
- Raker v. Service Life InsuranceMissouri Court of Appeals · 1932
- Broyles v. AbsherMissouri Court of Appeals · 1904
- Powell v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910