Hester v. Fidelity & Casualty Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) Defendant contends that the court should have given its peremptory instruction to the jury to find for defendant. Bean v. Assurance Corp., 50 Mo. App. 459; Smith v. Acc. Ass’n, 62 N. W. Rep. 990; Ins. Go. v. Jones, 80 Ga. 541; Shaffer v. Ins. Co., 22 N. E. Rep. 589; Tuttlev. Ins. Go., 134 Mass. 176,177; Neill v. Ins. Go., 12 Canada Sup. Ct. 55, 72; Gresham v. Ins. Go., 13 S. E. Rep. 752, 753, 754; Ins.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) Defendant contends that the court should have given its peremptory instruction to the jury to find for defendant. Bean v. Assurance Corp., 50 Mo. App. 459; Smith v. Acc. Ass’n, 62 N. W. Rep. 990; Ins. Go. v. Jones, 80 Ga. 541; Shaffer v. Ins. Co., 22 N. E. Rep. 589; Tuttlev. Ins. Go., 134 Mass. 176,177; Neill v. Ins. Go., 12 Canada Sup. Ct. 55, 72; Gresham v. Ins. Go., 13 S. E. Rep. 752, 753, 754; Ins. Go. v. Howell, 41 N. E. Rep. 968; JDeLoy v. Ins. Co., 32 Atl. Rep. 1108, 1109; Indemnity Co. v. Dorgan, 58 Fed. Rep.…
1Opinion of the CourtSmith, P. J.
pleadings. This is an action by the beneficiary on an accident life insurance policy. The petition alleged, amongst other things, that while the plaintiff was the wife of one Nicholas Smith, the defendant, in consideration of certain premiums to it paid by said Smith, issued to him a policy of insurance whereby it insured his life in the sum of $1,500 against bodily injuries sustained through external, violent, and accidental means, and agreed to pay plaintiff the sum of $1,500, if death should result to said Smith from such injuries ninety days from the time such injuries were sustained,…
2Cases cited9 opinions
- Lovelace v. Travelers' Protective Ass'nSupreme Court of Missouri · 1894
- Piedmont, Etc. Life-Ins. Co. v. Ewing, Etc.Supreme Court of the United States · 1876
- Supreme Council of Order of Chosen Friends v. GarrigusIndiana Supreme Court · 1885
- Coburn v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- National Benefit Ass'n v. GraumanIndiana Supreme Court · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Provident Life & Accident Ins. v. PrietoTennessee Supreme Court · 1935
- Driskell v. United States Health & Accident InsuranceMissouri Court of Appeals · 1906
- Summers v. Fidelity Mutual Aid Ass'nMissouri Court of Appeals · 1900
- Stephens v. Fire Ass'nMissouri Court of Appeals · 1909
- Burgess v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
6 more not listed; retrieve them via the Exa API.