Dodt v. Prudential Insurance Co. of America
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. George G. Hitchcock, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence at the close' of plaintiff’s testimony, because plaintiff admitted that the defendant carried out its contract with her. Bishop on Contracts, sections, 779, 781-784; 7 Am. & Eng. Ency. of Law (2 Bd.), p. 125 (e); 9 Cyc. 647 (e); Collins v. Whigham, 58 Ala. 438; Boniol v. Henaire, 10 Mart. (O. S.) 357; Twaits v. Penna.
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Appeal from St. Louis City Circuit Court. — Eon. George G. Hitchcock, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence at the close' of plaintiff’s testimony, because plaintiff admitted that the defendant carried out its contract with her. Bishop on Contracts, sections, 779, 781-784; 7 Am. & Eng. Ency. of Law (2 Bd.), p. 125 (e); 9 Cyc. 647 (e); Collins v. Whigham, 58 Ala. 438; Boniol v. Henaire, 10 Mart. (O. S.) 357; Twaits v. Penna. R. Co., 75 A. 1010; Kolachny v. Galbreath, 26 Okl. 772; Frank Oil Co. v. Belleview Gas & Oil Co., 119 p. 260; Laughlin v. U, S.…
1Opinion of the CourtReynolds, P. J.
— Plaintiff instituted this action before a justice of the peace, filing a statement in which he claimed that, under a policy issued by the defendant company, of date Sept. 5, 1910', it had insured Joseph Dodt, her husband, promising to pay in case of his death six months after the date of the policy, the sum of $153 or, if he died within six months after the date of the policy, only half of the face of the policy, to-wit, $76.50. Averring that the insured died on or about February 23, 1911; that plaintiff was his wife and is now his widow; that he was insured and carried this policy in the…
2Cases cited13 opinions
- Whitfield v. Aetna Life Ins. Co. of HartfordSupreme Court of the United States · 1907
- Mathews v. Modern Woodmen of AmericaSupreme Court of Missouri · 1911
- Logan v. Fidelity & Casualty Co.Supreme Court of Missouri · 1898
- Jenkins v. Covenant Mutual Life InsuranceMissouri Court of Appeals · 1903
- Keller v. Travelers' InsuranceMissouri Court of Appeals · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hurt v. New York Life Ins. Co.Court of Appeals for the Tenth Circuit · 1931
- Hicks v. Metropolitan Life InsuranceMissouri Court of Appeals · 1916
- Arnold v. Brotherhood of Locomotive Firemen & EnginemenMissouri Court of Appeals · 1937
- Laxton v. Retail Hardware Mutual Fire InsuranceMissouri Court of Appeals · 1932
- Masson v. Metropolitan Life InsuranceMissouri Court of Appeals · 1930
2 more not listed; retrieve them via the Exa API.