Greenwood v. New York Life Insurance
Missouri Court of Appeals
Appeal from Adair Circuit Court, Hon. Andrew Ellison, Judge. Statement of case by the court. In 1875 the plaintiff made application, in writing, to the defendant for a policy of insurance on his life in the sum of one thousand dollars. The application was made at Kirksville, Missouri, to a general agent of the defendant, one Woodfin.
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Appeal from Adair Circuit Court, Hon. Andrew Ellison, Judge. Statement of case by the court. In 1875 the plaintiff made application, in writing, to the defendant for a policy of insurance on his life in the sum of one thousand dollars. The application was made at Kirksville, Missouri, to a general agent of the defendant, one Woodfin. At the time of making the application, the plaintiff made and had an express agreement with Woodfin that the premiums on the proposed policy should be paid by plaintiff to the Kirksville Savings Bank at the town of Kirksville. Said agreement was verbal, it was…
1Opinion of the CourtHall, J.
In considering this case, we shall assume that the defendant’s agent, Woodfin, both at the time-plaintiff made the application and at the time Woodfin delivered the policy to him, made the verbal agreement with him that he should pay the premiums, when due, at the Kirksville bank, and that, on that condition, the-plaintiff applied for and accepted the policy. The verbal agreement, made at the time of the making of the application, never became a part of the contract between plaintiff and defendant. “All previous verbal agreements were merged in the written agreement. * * *' The entire…
2Cases cited7 opinions
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Wilkin v. WilkinNew York Court of Chancery · 1814
- Wade v. HardySupreme Court of Missouri · 1882
- Turley v. EdwardsMissouri Court of Appeals · 1885
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3Cited by6 opinions
- Missouri Cattle Loan Co. v. Great Southern Life InsuranceSupreme Court of Missouri · 1932
- Davis v. ShaferU.S. Circuit Court for the District of Western Missouri · 1892
- Tracy v. Union Iron WorksMissouri Court of Appeals · 1888
- Raker v. Service Life InsuranceMissouri Court of Appeals · 1932
- Mehlin v. Mutual Reserve Fund Life Ass'nCourt Of Appeals Of Indian Territory · 1899
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