Jones v. Prudential Insurance Co. of America
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Hon. Leo. 8. Rassieur, Judge. (1) The court erred in permitting the plaintiff to testify as to the assignment to himself, since he was an incompetent witness, and objection was duly made to his testimony. Sec. 6354, R. S. 1909; Saetelle v. Insurance Co., 81 Mo. App. 509; 86 Mo. App. 156; Donnell v. Jung, 81 Mo. App. 577; Johnson v. Burks, 103 Mo.
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Appeal from St. Louis City Circuit Court.— Hon. Leo. 8. Rassieur, Judge. (1) The court erred in permitting the plaintiff to testify as to the assignment to himself, since he was an incompetent witness, and objection was duly made to his testimony. Sec. 6354, R. S. 1909; Saetelle v. Insurance Co., 81 Mo. App. 509; 86 Mo. App. 156; Donnell v. Jung, 81 Mo. App. 577; Johnson v. Burks, 103 Mo. App. 230, 231; Chapman v. Dougherty, 87 Mo. 617; Sec. 7579, R. S. 1909; Comfort v. Lyman, 67 Mo. App. 670; Compton v. Parsons, 76 Mo. 455; Simon v. Ryan, 101 Mo. App. 16. (2) The court erred in refusing to…
1Opinion of the CourtNortoni, J.
—This is a suit by the assignee, a creditor of the insured, on a policy of life insurance. Plaintiff recovered and defendant prosecutes the appeal.
*7The policy contains a provision to the effect that it should be void if assigned, and the questions for ultimate consideration relate to the competency of finding a waiver of that clause on the part of the company, or an estoppel through the acts of its soliciting agent engaged in negotiating industrial insurance, when it appears that such agent wrote the application for the policy, delivered the policy to the creditor at the instance of the…
2Cases cited17 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
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3Cited by27 opinions
- McAlpine v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1916
- State Ex Rel. Continental Life Insurance v. AllenSupreme Court of Missouri · 1924
- Academy Bank, N.A. v. Amguard Insurance CompanyCourt of Appeals for the Eighth Circuit · 2024
- Edmisten v. DousetteMissouri Court of Appeals · 1960
- American Surety Co. of New York v. FranciscusCourt of Appeals for the Eighth Circuit · 1942
22 more not listed; retrieve them via the Exa API.