Bishop v. Covenant Mutual Life Insurance
Missouri Court of Appeals
Appeal from the Hannibal Court of Common Pleas. — Hon. David Fby, Judge. (1) There is no provision in the policy as to where the premiums should be paid, hence they must be paid at the home •office of the company. Ins. Co. v. Davis, 95 N. S. 425; 2 Bacon on Life Ins., p. 724. In addition plaintiff had direct instructions under the letter of January 16, 1896, which he fully understood and with which he complied up to the defaulted premium.
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Appeal from the Hannibal Court of Common Pleas. — Hon. David Fby, Judge. (1) There is no provision in the policy as to where the premiums should be paid, hence they must be paid at the home •office of the company. Ins. Co. v. Davis, 95 N. S. 425; 2 Bacon on Life Ins., p. 724. In addition plaintiff had direct instructions under the letter of January 16, 1896, which he fully understood and with which he complied up to the defaulted premium. This letter directed that the premium must -be paid at the home office by the first of each month. The testimony of both plaintiff and his wife shows they…
1Opinion of the CourtBiggs, J.
— In consideration of monthly premiums to be thereafter paid on the first day of each month at its office in the city of St. Louis, the defendant issued its policy of insurance on the life of plaintiff. The plaintiff paid the premiums from Eebruary, 1891 to August, 1898. The defendant declared the policy forfeited for the alleged nonpayment of the premium due on the first day of September, 1898. The present action is to recover back the amount of premiums with interest, upon the ground that the September installment was promptly tendered and hence the action of defendant in refusing to…
2Cases cited2 opinions
- Wiggins v. BurkhamSupreme Court of the United States · 1870
- McKee v. Phœnix InsuranceSupreme Court of Missouri · 1859
3Cited by5 opinions
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- Griffin v. DossMissouri Court of Appeals · 1967
- Matthews v. Metropolitan Life InsuranceSupreme Court of North Carolina · 1908
- Hartwig v. Security Mutual Life InsuranceMissouri Court of Appeals · 1912
- Wollman v. Brotherhood of American YeomenMissouri Court of Appeals · 1936