Locher v. New York Life Insurance
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— Hon. Thomas L. Anderson, Judge. (1) The judgment was not responsive to the pleadings; nor did it dispose of the issues made by the pleadings. Ervin v. Chiles, 28 Mo. 576; Black v. Early, 208 Mo. 313; Kansas. City v. Woershoeffer, 249 Mo. 26. The court’s judgment in favor of defendant is at variance with the defendant’s own theory, as pleaded in the answer.
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Appeal from the Circuit Court of the City of St. Louis.— Hon. Thomas L. Anderson, Judge. (1) The judgment was not responsive to the pleadings; nor did it dispose of the issues made by the pleadings. Ervin v. Chiles, 28 Mo. 576; Black v. Early, 208 Mo. 313; Kansas. City v. Woershoeffer, 249 Mo. 26. The court’s judgment in favor of defendant is at variance with the defendant’s own theory, as pleaded in the answer. The judgment cannot stand because issues of fact raised by the pleadings are not disposed of. (2) Substantially the very same clauses (20 and 22) of the contract of 1898 which the…
1Opinion of the Court
OPINION.
REYNOLDS, P. J.
— (after stating the facts as above) — The controlling, in fact the only, question involved in this case,'arises over the claim of the plaintiff (appellant). to a percentage or commission on renewals received and realized by the defendant corporation after the termination of the agency of plaintiff, who had been such agent in the territory embraced within the city of St. Louis, Missouri, on policies written by him while he was such agent, the renewals falling in and being collected by defendant after the termination of his agency.
The determination of this question turns…
2Cases cited12 opinions
- Heyn v. . New York Life Ins. Co.New York Court of Appeals · 1908
- Hercules Mutual Life Assurance Society of the United States v. BrinkerNew York Court of Appeals · 1879
- Jacobson v. Connecticut Mutual Life InsuranceSupreme Court of Minnesota · 1895
- King v. RaleighMissouri Court of Appeals · 1903
- Ballard v. Traveller's Insurance Co.Supreme Court of North Carolina · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Baker v. Missouri National Life Insurance CompanyMissouri Court of Appeals · 1963
- American National Insurance v. KeitelSupreme Court of Missouri · 1945
- Ohio Marble Co. v. ByrdCourt of Appeals for the Sixth Circuit · 1933
- American Nat. Ins. Co. v. TeagueTexas Commission of Appeals · 1922
- Bone v. New York Life InsuranceSupreme Court of Minnesota · 1925
16 more not listed; retrieve them via the Exa API.